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INDIANA 


STATE LIBRARY 



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DURIXG THE 



TWENTY-SECOND SESSIO?^ 



GENERAL ASSEMBLY^ 



COMMENCED AT INDIANAPOLIS 



ON MONDAY TtlE FOURTH DAY OFDECEAJBER, 1837, 



INDIANAPOLIS: 



DOX'GLASS.Oi NOEL, PRINTER?, 



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INDIAlf A STATE LIBBARl 



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ip;-;/^ SENATE Y? 



OF THE 



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STATE OF INDIANA. 

I'he Twenty-second Session of the General Assembly of the State of 
Indiana, convened on Monday the 4lh day of December, A. D. 1837, 
at Indianapolis, in the county of Marion, in conformity to Ihe Con- 
stitution and Laws of the State, on which day at iO o'clock, A. M. 
the Senate assembled. 

PRESENT, 

The Hon. Richard W. Thompson, President of the Senate, pro fern. 
who having taken his seat, directed a call of the Members, when the 
following Senators answered to their names, to wit: 

From the Counties of Kiiox, Daviess, and Martin— Thos. C. Moore. 
Greene and Ozven — David M. Dobson. 
Vermillion, Warren, and part of Jasper — Simon 

Terman. 
Harrison — David G. Mitchell.^ 
Ferry, Spencer, & Crazford — Geo. B. Thompson 
Posey, Vanderburgh, and Warrick — VVm. Casey. 
Monroe, a7id part of Brown — Paris C. Dunning. 
Johnson — Jno. S. Thompson. 
Morgan — Grant Stafford. ^ 
* Hendricks — Alexr. Little. 

Shelby— 3 no. Walker. 
Hamilton and Boone — Bicknel Cole. 
Henry — Thos. Stanford. 
Ripley — Thos. Smith. 
Bartholomczo and Jennings — Jno. Vawtcr. 
Jackson and Scott — Isaac Hoagland. 
Elkhart, Lagrange, Steuben, De Kalb, & A'oblc — 

George H. Crawford. 
Pa?/a'— Austin M. Puett. 
Gibson, Pike, and Dubois — Thos. C. Stewart. 
Orange — Samuel Chambers. 
Hancock^ and Madison — Thomas Bell. 
Allen, Wells, and Adams — David II. Colerick, 
■ Rush — Amaziah Morgan. 

Washington — Henry VV. Hackrft, 
Lawrence — R. VV. Thompson. 
Putnam — Daniel Siglcr. 




From the County of Wayne — VVm. Eiliolt, and Abner M. Bradbury. 

C/ary^— David W. Daily. 
The following gentlemen elected Senators since the last General 
Assembly, appeared and having produced their credentiels and taken 
the oath prescribed by the Constitution, took their seats, to wit: 
Form the Counties of IVigo, Sullivun, and Clay — James T.Moffait. 
Tippecanoe — Oihnie! L. Clark. 
Montgomery — John Beard. 
Franklin — Da v i d Rio u n t. 
Dearborn — Johnson Walts. 
Decatur — James Morgan. 
Szvitzerland — Martin R. Green. 
Jefferson — W i ! ! i a m s o n Dunn. 
Clinton, and Carroll — Aaron Finch. 
Delaware, and Randolph — Andrew Kennedy. 
Fayette, and Union — IVm. Watt. 
Floyd — Preston F. Tuley. 
St. Joseph^ Marshall, Kosciusko^ and Stark — 

Thos. D. Baird. 
Laporie^ Porter, J's'exvton, JVhite, Pulaski, and pari 

of Jasper — Charles W. Cathcart. 
Marion — Henry Brad}'. 
In pursuance of the annunciation of the President, the Senate pro- 
ceeded to the election of a Principal Secretary, Messrs Sigler and 
Beard acting as tellers, and upon counting the votes it appeared that 
Charles H. Test, wria dulj t'iectcd uu llie fust ballot, having received 
all the votes given. 

Th3 Senate then proceeded to the election of an Assistant Secreta- 
ry, Messrs. Morgan of Rush, and Clark acting as tellers, when on 
counting the votes it appeared on the 4th ballot that W. C. Foster re- 
ceived 14 votes, W. H. Martin 25 votes, and J. S. Drake 3 votes. 

W. H. Martin receiving a majority of all the votes given, was de- 
clared duly elected and sworn into cflice. 

The Senate then proceeded to the election of Enrolling Secretf.ry, 
Messrs Dunning and Eiliolt acting as tellers, when upon counting the 
votes it appeared on the 3d ballot, that 

V. C. Hanna received 23 votes 

E. Dumont " 7 votes 

J.S.Drake " 13 do. ,\ 

V. C. Hanna having received a majority of all the votes given was/ 
declared duly elected, and sworn into office. 1^ *:a' 

The Senate then proceeded to the election of Door-Iieeper, Messrs. / 
Kennedy and Puett acting as tellers, wlien o-n counting the votes, on 
the 3d balloting, it appeared that James B. Hart received 23 votes 

E. B.Reed " 19 do 

Thos. Chinn " 1 do 

James B. Hart receiving a majority of all the votes given, was de- 
clared duly elected and sworn into oflice. 

The Senate then proceeded to an election of Sergeant-at-Arms, 



Messrs. Stanford and Bradbury acting as tellers, when upon the . 
ballot, it appeared that G. W. Moore received 23 votes 

C.Stevens " 6 do. 

T. B. Johnson " 14 Jo. 

Mr. Moore was declared duly elected and sveorn into office. 

On motion of Mr. Siyler, 

Resolved^ That the House of Representatives be inforntied that the 
S'.'nate h;ive convened, formed a quorum, elected Charles Test, Prin- 
cipal Secretary, W. H. Martin, Assistant Secretary, V. C, Hanna, En- 
rolling Se^cretary, Geo. W. Moore, Sergeant-at- Arms, and James Kart 
Boor-Keeper, and thai they are ready to proceed to Legislative bu- 
siness. 

The Senate then aujourncd until tlie afternoon. 

2 o'clock, P. jM. 
Senate met pursuant to adjournmcr't. 

On motion of Mr. Vawter, 

Rrsoked, That the Jiiint-Rules which were in force for the Govern- 
ment of the last General Assembly, be adopted by the Senate as the 
rules of the joint action for the present session, and that the House of 
Representatives be informed of the adoption of said Joint-Rules. 

The Senate then adjourned until to-morrow morning. 



TUESDAY MORNING, Dec 5. 
Senate assembled. 

The following message was received from ihe House of Represen- 
tatives, by Mr. Eliiott their clerk: 

Mr. President — 

I am instructed by the House of Representatives to inform the Sen- 
ale, that the House of Representatives have convened, foimed a quo- 
rum, elected Thomas J. Evans Speaker, Jeliu T. Elliott Principal 
Clerk, William G. Armstrong Assistant Clerk, Edwin VVinship Enroll- 
ing Clerk, Aquilla Rogers Sergeanl-at-Arms and James Fisler Door 
Keeper, and' are now ready to proceed to legislative business. 

I am also directed to inform the Senate, that the House of Repre- 
scntutivcs have adopted the following resolution: 

Resolved^ That a com.mittee of one be appointed on the part of this 
House, to acf with a simil ir one, to be appointed on the part of (be 
Senate, to wait on the Rev. Mr. Britton,and request him to attend in 



(he Representatives' Hall at 10 o'clock, Tuesday morning, to open the 
present session of the General Assembly by prayer, and that the Sen- 
ate be requested to reciprocate this resolution, and that seats be pro- 
vided for them at the right of the Speaker's chair. 

Mr. Dowling is appointed that committee on the part of the House 
of Representatives, 

The resolution contained in the message was reciprocated and Mr. 
Sigler appointed the committee on the part of ihe Senate. 

The following message was received from the House of Represent- 
atives, by Mr. Elliott their clerk: 

Mr. President — 

I am instructed to inform the Senate, that the House of ^Represen- 
tatives have adopted the following resolution: 

Resolved, That a committee of two on the part of this house be ap- 
pointed, to act with a similar committee on the part of the Senate, to 
wait on his Excellency the Governor, and inform him that the two 
Houses of the General Assembly have convened, elected their oliicers, 
and are ready to receive any communication he may be pleased to 
make to them, and to ascertain of him at what time he vv^ill make such 
communication. 

Messrs. Hubbard and McClure are appointed said committee on the 
part of the House of Representatives. 

The resolution contained in the message being reciprocated, Messrs. 
Dunning and Cole were appointed the committee on the part of (he 
Senate. 

Mr. Ewing, Senator from Cass, Miami and Fulton, produced his 
credentials, and having taken the oath prescribed by the constitution, 
thereupon took his seat. 

On motion of Mr. Morgan of R,, 

Resolved, That the Editors of the Indiana Journal and Democrat, 
be permitted to occupy seats within the Senate Chamber during the 
present session for the purpose of reporting the proceedings of the 
Senate. 

The following resolution v/as offered by Mr. Puell: 

Resolved, That the President of the Senate be requested to invite 
(he Hon. John McLean, of Ohio, to a seat within the bar of the Sen- 
ate chamber during his stay in Indianapolis. 

On motion of Mr. Morgan of R., 

Said resolution was so amended as to include (he Hon. VVm. Hen- 
ricks, and thereupon was adopted. 

Mr. Sigler of the joint committee for that pnrpose made the follow- 
ing report: 

Mr. President — ,-- -r 

Thejoint committee on that subject rrport (hat they have' waiter'! on 



the Rev. Mr. Britton, and in pursuance of the request of the commit- 
tee, be will attend instanter in the Hall of the House of Representa- 
tives to open the present session of the General Assembly by prayer. 

Ezra S, Trask, Senator from Wabash, Jay, Huntington and Grant 
appeared and took his seat. 

The following message was received from the House of Represen- 
tatives by Mr. Elliott their clerk: 

Mr. President — 

The House of Representatives are now ready to receive the Sen- 
ate for the purpose of having (he General Assembly opened by prayer, 
and seats are provided for them on the right of the Speaker's chair. 

Whereupon the Senate repaired to the Hall of the House of Rep- 
resentatives, when an appropriate invocation was offered to the Throne 
of Grace by the Rev. Mr. Britton. 

After which the Senate returned to their chamber. 

The following Message was received from the House of Represen- 
tatives, by Mr. ElliotI their clerk: 

Mr. President — 

I am instructed to inform the Senate that the House of Representa- 
tives have reciprocated the resolution of the Senate, adopting the 
joint rules of the last General Assembly, as the rules of the joint ac- 
tion of the two houses of the present General Assembly. 

Mr. Dunning of the joint committee for that purpose, made the fol- 
lowing report: 

Mr. President — 

The joint committee appointed for that purpose now report, 
That they have waited upon his Excellency, the Governor, and in- 
formed him that the two Houses of the General Assembly have met, 
formed a quorum, elected their officers, and were ready to receive 
any communication which he might be pleased to make, and that the 
committee have received for answer that the Governor would, on this 
day, at 2 o'clock, P. M., make a communication to the two Houses in 
the Hall of the House of Representatives. 
On motion, the Senate adjourned. 

2 o'clock, P. M. 

Senate assembled. 

The following message was received from the House of Represen- 
tatives, by Mr. Elliott their clerk: 

Mr- President — 

The House of Representatives have adopted the following resolu- 
tion: 

Rcsolicd, That the Senate be invited to attend in the Representa- 
tive Hall, instanter, for the purpose of hearing the message of his Ex- 



8 

celiency, the Governor, delivered to both Houses of the General As- 
sembly, and that seats be provided for them on the right of the Speak- 
er's chair. 

On the receipt of which, the Senate repaired to (he Hall of the 
House of Representatives when the following Mess ;ge was delivered 
by VVm. T. Otto, Esq. the Governor's private Secretary. 

Gentlemen of the Senate, and 

of the House of Representatives : 

With the return of the period of our annual meeting to confer on 
matters of public interest, we find ourselves under renewed and in- 
creased obligations to our creator for the unusual measure of health 
we have enjoyed throughout the seasons of the year now at its close. 
Whilst we render our grateful acknowledgments for this exemption 
from his chastening hand, our indebtedness is increased by the special 
dispensations of His favor in the profusion of our harvests. Though 
it is with some abatement, the usual indications of the prosperity of 
our citizens may be observed in the compensation received (or the pro- 
ducts of the soil; in the reward given for labor, and in the returns re- 
alized from all our enterprize and active pursuits; and when we com- 
pare our condition with that of the less favored portions of the Union, 
we have reason to be content with our individual lots, and to congratu- 
late ourselves upon the evident prosperity of the State. 

Although the returns of. the assessments to the Auditor's office are 
incomplete, the amount of the taxable property for this year may be 
estimated at ninety-eight milKuua of dollar?, being about twenty mil- 
lions more than the aggregate assessments of the previous year. The 
revenue derivable from that sum at the rate established by law will re- 
plenish the treasury, extinguish the remnant of unsatisfied claims up- 
on it of the last and meet the demands upon it the current year. The 
reports due from the Auditor and Treasurer, will exhibit a detailed 
view of the receipts and expenditures of the current year. 

I thought it my duty on a former occasion to direct the attention of 
the legislature to the deficiencies in the quantity' of land returned from 
many of the counties compared with the returns of the preceding year, 
and to advise the application of the necessary remedy. Since that 
time they have been multiplying, and errors are so manifest in the 
last reports as to show a deficit of from two to three hundred thousand 
acres. In looking for a cause of these impeifections, it is justly ascri- 
bable to the mode of assessment and to the appointment of unfaithful as- 
sessors, who perform their duty negligently without having the tract 
book to direct them. The only effective remedy is to be found in the 
appointment of one assessor for each county, in requiring him to assess 
from the tract book, and in the institution of a suit on his official bond 
for omissions of duty. 

The operations upon the several lines of our public works have been 
as active and spirited as a prudent economy, with reference to the mag- 
nitude of the expenditures would allow. 



9 

Theriavigation of the Wabash and Erie Canal during the past 8€a> 
son has been extended as far west as Peru. The line is now finished 
to Logansport, the water has been introduced, and the passage of boats 
is prevented only by the return of the winter season. With the opening 
of the spring the canal may be navigated from that point to Fort Wayne, 
a dislance of seventy six miles. Between Logansport and Lafayette 
the advances of the work equal the expectation of the Commissioner. 
It is gratifying to be able to say, that the State of Ohio has taken hold 
of her portion of the work, in a manner that gives an assurance of her 
determination to finish it in the shortest possible time. The \7hole line 
within her territory has been placed under contract, and allowing the 
usual time for their completion, we are fully authorized to exnect that 
within two years from this time, canal boats may pass from the Lake 
to Lafayette, thus realizing the great object which has so long engaged 
the attention and solicitude of the State. 

The work on the Whitewater canal has been prosecuted with ener- 
gy, and the contracts are so far advanced as to justify the belief, that 
the navigation from Brookville to Lawrenceburgh may be commenced 
by the beginning of the next autumn. 

The contracts entered into at the lettings of the last year upon the 
canals at Terre-PLaute, Evansville, and Indianapolis, have been carried 
on with commendable activity, and the work at these points is such as 
to render it acceptable to the Commissioner and satisfactory to the 
public. 

A corps of Engineers has been engaged the past spring and summer, 
in determining the prohnhlp lrvoaii/->n and cost of *Ko onnol to connect 
the Wabash line with Lake Michigan. The route is understood to be 
very favorable for the construction of a canal. The examinations 
have been extended to the Illinois line, and sufficient information has 
been collected, when taken in connexion with the surveys made by that 
State, to show that this work may readily and cheaply be extended so 
as to intersect the Michigan and Illinois canal. In that way each State 
would be benefitted by the mutual transportation of a much larger a- 
mount of imports and exports than belongs to their respective territo- 
ries. _ 

The grading and bridging on the Madison and Lafayette Rail Road, 
from Madison to Vernon, has been vigorously prosecuted. It is so far 
advanced as to create the expectation that the track on this portion of 
the line may be laid down the ensuing summer, and that locomotive en- 
gines with "their trains may commence running, if thought expedient, 
by the nexi meeting of the Legislature. 

The New Albany and Vincennes Road has also made favorable pro- 
gress. The grading and bridging on forty-one miles, commencing at 
the Ohio river, may be finished and prepared for the metal early in the 
ensuing spring. The preliminary examinations with a view to its final 
location have been made west of Paoli, the terminating point of the di- 
vision now under construction. 

Upon that portion of the New Albany and Crawfordsville road, ex- 
2 



10 

tending from the former place to Jeffersonville, the amount of work 
performed is equal to that required by the Commissioner and Engi- 
neer, and the grading on this division is nearly completed. This part 
of the road has been graded on such a scale as to answer equally well 
for a rail or McAdamized road. It has been a source of regret, and is 
deeply lamented by all who have been engaged in its interests, that the 
Examining Engineers have so far differed in their views and opinions, 
relative to the character of the work, as to prevent a satisfactory and fi- 
nal determination on the part of the Board. It is confidently believed 
however, that the further information now sought, will warrant a de- 
cision at its present meeting, and when the character of the work is 
determined, no doubt such additional letting will be made as will com- 
pensate for the delay. 

At the close of the last session an impression went abroad creating 
an expectation that additional work would be placed under contract 
during the present year. The propriety of a compliance with the pre- 
vailing impression, its consequences and influence upon the cost of the 
work were discussed at a special meeting of the Board. Their deli- 
berations resulted in the postponement of further letfings, to a period 
when the State could avail herself of any beneficial change that might 
take place in the price of labor, provision, and other items of expense 
that enter into the cost of construction, 

I have thus given a condensed review of some of the leading opera- 
tions on the lines of the public works. A minute and detailed report 
on the whole subject will be laid before you by the proper officers, ir» 
ample time lor your deiinerations ; from that you w ill perceive, that they 
have discharged their duties with characteristic fidelity and zeal. 

In the experience and events of the year, nothing has been witnes- 
sed of a character to discourage the progress, or the ultimate success 
of the system. On the contrary, we see much to strengthen our con- 
victions of the wisdom of the policy, and to inspire us with increased 
confidence in the ability of the State, with wise and provident legisla- 
tion, to accomplish the whole undertaking. The expenditure of near- 
ly one and a half million of dollars this year, in addition to previous ap- 
propriations, has saved us from the evils resulting from the prostration 
of prices and business in other portions of the country. Labor, with 
the fruits of the soil to support it, is more abundant, the credit of the 
State, and her acknowledged resources to sustain it, affords her an am- 
ple command of funds, and at home we have renewed assurances of 
the settled determination of the people to uphold it, without which na 
system of policy can long prevail. 

At the date of the commencement of the enterprise our state audits 
citizens were in the enjoyment of unprecedented prosperity. The 
then existing condition of things, was made the basis of our future cal- 
culation. Since then, external causes have cast a shade over the aus- 
picious prospect, and taught us with an impressive force, the duty of 
so shaping our policy as to be prepared for every vicissitude that may 
befal us. Looking then, with a calm foresight to the future, in refer- 
ence to our policy and the financial condition of the State, we canno 



11 

but observe that a period will arrive when the means of paying the in- 
terest on our increased expenditures, will, unless derived in some de- 
gree from the incomes of the public works, multiply the public bur- 
thens. A foreign war or any disturbing cause, affecting the prosperity 
of nations and communities, may at such a crisis, by preventing the ac- 
quisition of additional loans, arrest the progress of our improvements. 
We should then be burthened with the interest on the invested capi- 
tal, whilst the stationary and unproductive situation of the works would 
preclude our realizing any return from them. Sound policy would 
therefore dictate the expediency of so directing their prosecution as will 
have a tendency to render some of them soon available in the produc- 
tion of revenue. The great disparity in the length of the lines, in their 
relative cost, and the time requisite to finish them, indicate the evident 
impolicy of their simultaneous completion. The comparative short- 
ness of some of them, and their forwardness would justify us in making 
increased appropriations with a view of finishing them as soon as prac- 
ticable. This can and should be done without discontinuing expendi- 
tures elsewhere or disregarding expectations that may have been cre- 
ated, or violating that spirit of good faith and compromise which led 
to the adoption of the system. On finishing the works in question, we 
should then be able to give an exclusive application of all our effective 
means and force to the remainder. In addition to these maaifest ad- 
vantages, an adoption of the suggested opinion would commend itself 
to the sober judgment of the people, and establish on a firmer basis the 
policy to which the State is pledged. It would likewise tend to 

strengthen confidence in hci icoouicus, and ihua give rtddUlonal SeCU- 

rity and value to her stocks. 

Whatever may be the policy resolved on, it should be pursued with 
a strict reference to the ability of the State and her citizens to sustain 
it, without embarrassing the one or imposing severe and inordinate bur- 
dens on the other. If we find it impracticable or inexpedient to accom- 
plish the task we have assumed within the allotted period, let us give 
ourselves additional time. What we designed doing in one year we 
may do in two, and thus by dividing and lessening the burden of its cost 
we will in the end secure all the predicted benefits of the policy with- 
out having recourse to oppressive taxation. 

The compact proposed by this State (o Illinois, in relation to the 
improvement of the navigation of the Wabash river, has been accept- 
ed by the reciprocal legislation of (hat State. Soon after the terms 
were adjusted, a joint commission was established by the designation 
of a member from the Board of Public Works of each State, who ini- 
mediately entered upon the duties of their appointment. The princi- 
pal obstructions being at the Grand Rapids, examinations and esti- 
mates were made for that point, and it is believed that a dam from ten 
to eleven feet in height at the foot of the rapids, will render that diffi- 
cult part of the stream subservient to commerce. Contracts were en- 
tered into on the 22d of last month, for furnishing stone for the con- 
struction of a dam and lock. 



12 

1 lay before you the joint resolution of the Legislature of Illinois, 
transmitted by the Governor for your information. 

The Commissioner of the Michigan Road has performed the service 
required by the act of the last session, in the selection he has made of 
the remainder of the Michigan Road Lands. He has also performed 
the further duties, enjoined by advertising and selling the tracts selec- 
ted. The proceeds of the public sale and the private entries since 
made, nmount to $3,781 70 and have been disposed of as the law di- 
reets. His proceedings will be reported in proper time. Several 
causes conspired in preventing the survey of that part of the Road 
noplbof the Seat of Government, until the summer months had elaps- 
ed. The duty gwas assigned to Mr. Adams, an engineer of acknowl- 
edged qualifications, whose report, though late, will be in season for a 
correct understanding of the subject. 

In the absence of the information obtained by the survey, I am in 
possession of no data, by which to form an opinion as to the character 
of the improvements most desirable, to place the Road in that state of 
repair, which the necessities of the public and the policy of the State 
require. Passing, as it does, through a highly flourishing country, 
from one extremity of the State to another, and accommodating a 
greater amount of travel than any other, it possesses high claims and I 
beg leave to earnestly urge them upon your consideration. 

No further application has been made by the Lavvrenceburgh Rail 
Road Company for the bonds o{ the State, authorized to be issued by 
the Treasurer of State, nor will any be made until the ^221,000 al- 

jrCady realiKod, chnll hp e'cpondod by tho Company. 

I am informed by a communication from an oflicer of the Company, 
that the sensible change in the general prosperity of the country, has 
80 much embarrassed the progress of the work, as torenderils comple- 
tion doubtful, within the time specified by the charter. They will sub- 
mit a proposition to the Legislature, offering to expend $100,000, in- 
clusive of the work now done, to return the remaining $121,000, and 
to surrender the charter to the State, on condition that she will under- 
take to complete the road at some future period. 

That work would furnish facilities to the trade of a densely popula- 
ted and highly productive portion of the State, and one that contri- 
butes largely to the support of the puplic burthens. The proposition 
evinces a degree of liberality and public spirit highly creditable to the 
Stockholders. 

Of our dividend of the three per cent, derived from the sale of the 
Public Lands the present year, the sum of $57,450 00 has been re- 
ceived by the Treasurer, and applied by him towards the various un- 
Fatisfied demands upon it. From the Report of that oflicer, you will 
perceive that the appropriations, from first to last, of that fund, for 
the benefit of Roads, Rivers, and to the' several counties, amount 
to $574,148 50, and that the entire receipts including the present 
year, amount to $438,100. The incidental expenses of disbursing 
the whole fund, to the present time, amount to $4,733 41, leaving 



13 

$'140,781 f*lj to be obtained from future receipts to satisfy the excess 
of appropriations. 

According to the Report received from the Connmissioner in charge 
of that branch of the public interests, the Receipts at (he Treasury 
from the Saline Lands, aomunt to ,$3,360 25. Although there is no 
present deUnquency demanding your interposition, I avail myself of 
this occasion to call your attention to the imperfect state of the law, 
with regard to the prosecution of the Pleas of the Stale. I conceive 
it to be defective in two essential pr»rticulars — in not authorizing the 
Executive otlicers, in cases of defaulting agents and debtors, to or- 
der the institution of the proper suit, and for thut purpose, to hand 
over the bonds and records on file in their respective departments, to 
the prosecuting attornies, and in not requiring of the latter, except in a 
few specified cases, the prosecution ofother than thecriminal pleas. In 
both respects, it would be expedient so to alter the law as to make it 
conform to those contingencies, to which the public interests are some- 
times liable. 

The Treasurer of State has received from the Secretary of the 
Treasury of the United States, the first three instalments of the Sur- 
plus Revenue, awarded to this State by the act of Congress of June, 
1836, depositing the Surplus with the Slates. Of the first two instal- 
ments amounting to §'573,502 96, the sum of §567,126 16 has been 
handed over to the county agents on the scale of distribution prescri- 
bed by law. The balance of the two instalments, amounting to §6,- 
376 80, not being applied for by the agents agreeably to the terms of 
the act of the Legialature,tias been loaned by the Treasurer, at the 
rate of interest exacted for the College Fund. The third instalment 
of §286,751 48 has been deposited wilh the Commissioner of the 
Sinking Fund, as co:itemplated by Law. The fourth instalment of 
§286,751 48, due the first of October, has been withheld and postpo- 
ned untilJanuary, 1839. The failure to pay it over according to the 
stipulation of the Act of Congress, will be injurious to the interests of 
the State. An investment of that instalment in the stock named by 
the law of the last session, would have yielded an interest of not less 
than §25,000 per year, which was set apart by law towards tlie extin- 
guishment of the interest on our Internal Improvement loans. It will, 
therefore, devolve on you to make provision for a sum equal to the ex- 
pected interest, to supply the deficit. 

The annual report of the officers of the State Bank required by a 
provision of their charter will fully exhibit the condition of that insti- 
tution and its branches. 

The disordered condition of the monied affairs of the country, so 
sensibly felt in the East during the last spring, induced the banks of 
the city of New York in May last, to resort, as a meaure of precaution, 
to a temporary suspension of specie payments. That measure was 
followed by a general and almost simultaneous suspension throughout 
the Union. 

The intelligence arrived at the Seat of Governmet during the ses- 
lion of the Stale Board. After giving that anxious deliberation due to 



14 

the magnitude of the interest involved, they determined to recommend 
an immediate suspension to the branches. The latter were in a safe 
and prosperous condition, as shown by the exhibit of their resource3 
and liabilities made at the time. They had, however, in their posses- 
sion more than a million of dollars in notes and credits on the suspen- 
ding banks. Under these circumstances a continued redemption of 
their paper,^amidst the universal suspension of neighboring banks, 
would have led, unavoidably, to an almost entire abstraction of the 
specie basis of our circulating medium. The fatal tendency of the 
latter would have been seen, not merely in crippling and prostrating 
the barsk, but in severe and lasting injuries thereby resulting to the 
State. The members of the State Board, would therefore have been 
faithless to their trust if they had neglected to adopt measures design- 
ed to prevent the capital, which the State had furnished for the bene- 
fit of her citizens, from being withdrawn to supply the vaults of for- 
eign banks, the doors of which were closed against every similar de- 
mand we might make upon them. 

The establishment of the State Bank of Indiana was rather a mat- 
ter of necessity than choice; and that necessity grew out of the dis- 
continuance of the late National Bank. The late Chief Magistrate 
having determined to refuse to that institution a renewal of her char- 
ter, zealously recommended the State Banks as possessed of the abili- 
ty to furnish a more sound and uniform currency. The local Banks in- 
stantaneously multiplied, and with the withdrawal of the paper of 
the bank of thp United States, it was evident that the notes of the lo- 
cal banks would supply its place. We were therefore under the obli- 
gation to furnish our citizens with a substitute to place them on an 
equal footing with those of other states, and to avoid the necessity of 
supplying our deficient circulation, by the paper of banks of which we 
could know but little. With these facts and views before them, with 
the general consent of all parties, and the marked approbation of the 
people, the State Bank with its Branches was established by the Legis- 
lature. In order more effectually to identify it with the public inter- 
est and welfare, the State became the owner of half the stock, reser- 
ved to herself ample supervisory powers over it, and retained the right 
of selecting some of the more important of its officers. 

To pay her half of the stock, and to furnish individuals with a part 
of the means of paying their subscribers in specie, the State borrowed 
in all the sum of §'1,390,000, at five per cent, payable in from twenty 
to thirty years. She receives on this sum an average interest of nine 
per cent, leaving a clear annual profit of ^55,600, which is again loan- 
ed out at nine per cent, on the principle of compound interest. Long 
before the expiration of her charter, there will remain in the hands of 
the commissioners of the Sinking Fund, after the extinction of the 
yearly interest on the B^nk loan, a sum suflicient to pay off the entire 
principal, leaving the whole of the stock of the state as our profits. In 
accordance with a provision of the charter, this is to be used as a fund 
for the support of Free Schools. Our bank is therefore emphatically 
a State Institution, closely identified with the interests of the State 



15 

and hercitizens, and as long as she continues to discharge her legiti- 
mate duties, with the fidelity and success so honorably characteristic 
of her past history, she will retain the undivided support and merited 
confidence of the people. 

The necessity of sustaining the sound banking institutions of the 
States is apparent and generally admitted. The suspension of specie 
payments worked a forfeiture of the charters of the banks in several 
of the States. The Legislatures on being convened lo advise with re- 
gard to the subject have uniformly adopted protective enactments. In 
many states, as in our own, the Legislatures have not deemed it pro- 
per to annex the penalty of forfeiture to a suspension of payment. Our 
Banks are made liable for twelve per cent, when they fail to redeem 
their notes, and may be withdrawn and wound up at tlie discretion of 
the State Board. The wisdom of not exacting a forfeiture is now ful- 
ly attested. It has enabled our banks quietly and efBciently to dis- 
charge their accustomed duties, and to aid in warding off from our 
trading, agricultural, and manufacturing interests, the threatened dis- 
asters of the crisis. If the State had reserved to herself the authori- 
ty to resume the charter on such a contingency, and had with a rigid 
and inflexible regard to her rights exerted it, the step would have sap- 
ped the foundations of our credit, and inflicted a blow on our interests 
which would have required years of uninterrupted prosperity to re- 
pair. 

On reviewing the amount of interest the State possesses in the stock 
of the Bank, the nature of the objects its establishment was designed 
to subserve, the beneficial influence it has exerted on every branch of 
enterprise, and the immense gains that will ultimately accrue to the 
people, you will find within the range of your duties, no subject more 
worthy of your attention. The safety of the Bank is found in the 
prudent management of her ample means, and secured by the person- 
al responsibility of her directors and stockholders. Her charter deri- 
ved from the State is not susceptible of alteration any more than a 
written contract between two individuals, which until altered by their 
mutual agreement, is their mutual obligation. The granted powers, 
like all trusts committed to human hands, liable to abuse, and the state 
possessing a large share of the stock, it is alike, your right and your 
duty, as the chosen guardians of the public interests, to exercise a ri- 
gid and watchful scrutiny over its afTairs. If they have been rightful- 
ly and faithfully conducted, the confidence of the legislature ought to 
be freely awarded. If, however, the restraints of the charter have 
been disregarded, or if the delicate trust with which you have inves- 
ted her has been abused for unworthy purposes, (he offending officer 
should be dismissed and held amenable to the laws of the country. 

Notwithstanding the discouragements presented by the aspect of 
the money market, at the opening of the Spring, the negotiation of 
our Fund Commissioners resulted in the success hitherto attending 
them. Without resorting to the discretion given them by the Legis- 
lature, as to the sale of six per cent, bonds, all the funds necessary for 
our purpose, have been procured at five per cent, interest, besides a 



16 

handsome premium) more than the face of the Bonds. The whold 
sum borrowed amounts to two million and thirty ^thousand dollars, of 
which ^430,000 were at par, and upon the remaining one million, 
six hundred thousand dollars, a premium of two and three per cent, 
was received, making thirty four thousand dollars. 

By this fortunate arrangement, our Fund Commissioners have sav* 
ed from |3 10,000 to ^350,000 to the State, comparing their success 
with the sales made of the Bonds of other Stales, bearing an interest 
of six per cent, a d;fftrence that is not disparaging to others, whilst 
it faithfully reflects the high character of the State, in the estimation 
of the public. The annual dilFerence between 5 and 6 per cent, in 
the payment of interests on our loans, will be ten thousand dollars for 
every million of our debt. The funds obtained by these negotiations 
are safely deposited in New York at the. same interest we pay. By an 
arrangement made with our Banks, the funds needed on the lines are 
advanced and disbursed solely by the agency, and through the respon- 
sibility of the Banks, and in return they receive, at stated periods, 
checks on the east for the monies thus paid out. By these means, the 
public money remains at interest until it is paid out, and the Stale 
avoids Ihehazzard and cost of transferring and disbursing it. 

The signal and unexpected success of our Fund Commissioners, at 
a period so inauspicious, is an evidence of their fitness, and capacity 
for the discharge of the arduous trust committed to them, and enti- 
tles them to the continued confidence of the Legislature and the peo- 
ple. 

I should be remiss in my duty towards these meritorious officers, 
were I not to avail myself of the present occasion to assert their just 
claims to a more liberal compensation. That allowed them bylaw, 
will not justify them in leaving their families and business, and I beg 
permission to ask your favorable consideration of the subject. 

The furniture directed to be procured for the several apartments 
of the Capitol has been furnished by the Treasurer, the Square has 
been graded, and ornamented with forest, and other trees, and shrub- 
bery. Two rooms have been neatly prepared under the direction of 
the Secretary of State, and appropriated as the law directs, to the In- 
diana Law Library, and Library of State. The latter has received as 
valuable an addition of approved and standard works as the annual 
appropriation could command. 

The present is the last opportunity I shall have to appeal to you in 
behalf of the State College at Bloomington, and I cannot, without dis- 
regarding the suggestions of duly, pass it by in silence. A high stan- 
dard of proficiency is required from the candidates for its honors, a 
wholesome discipline is inforced, and every effort is made by the facul- 
ty to ensure the promised objects of its establishment. They have 
succeeded thus far in advancing with the progress of our growth and 
resources. The wants of the age now demand a broader diffusion of 
the lights of science, and of the principles of sound morality and vir- 
tue, and deeming this a propitious time for carrying into effect the con- 
stitution of Indiana, with regard to the establishment of a State Uni- 



n 

Versity, i beg you to indulge me in repeating the recommendation, that 
you shall bestow, on the institution, that distinction and the necessary 
endowments. 

The appointment of State Geologist created by a late law, Was ten- 
dered to David Dale Owen of our state. After fulfilling an antece- 
dent engagement with the Geologist of Tennessee, to visit the moun- 
tain regions of that State, he accepted it, and entered on the discharge 
of his duties. His first and preliminary object was to ascertain what 
geological formations exist in the state, and to determine and trace 
their boundaries. With that view he passed through its leading sub- 
divisions. In the course of his examination he discovered numerous 
seams of coal, limestone, marble, sand-stone, alum-slate, free-stone, 
water-lime, peatmoss and abundant deposites of every variety of iron 
ore. The indications of the latter are such as to warrant the assertion 
that it exists in quantity and richness equal to the supply of our wants. 
In some situations and within a small compass of ground, the ore, coal, 
limestone and sandstone are found, with sufficient water-power and. 
timber, all of which are necessary in converting and reducing that val- 
uable mineral to useful purposes. Although the survey owing to its 
recent commencement has necessarily been confined to a general ex- 
amination of the geological structure and resources of the state, yet 
the results attest its importance and will authorize more detailed and 
systematic researches. The report is one of some labor, and will re- 
quire corresponding time for its submission. 

By a special enactment of the Leeislaturp. fhR rf>viaion and amend- 
ment ot our statute laws, SO much needed, was committed to the Judg- 
es of the Supreme Court. The vacancy on that bench occasioned by 
the lamented death of Judge McKinney was not filled until the June 
session of the Court. So great an amount of additional duty was 
thereby imposed on the remaining incumbents, that although some 
progress has been made, they have not been able to conclude the la- 
bor assigned to them. No report will therefore be prepared for your 
present meeting. In the complex, if not confused and ambiguous con- 
dition of our laws, the want of such a volume as the public anticipate 
from the hands of their Supreme Judges, is sensibly felt. Confided, as 
the task is, to those confessedly the most competent from their attain- 
ments, the nature of their pursuits, and a knowledge of the imperfec- 
tions of the existing law, to do it justice, it would do well in such an 
important matter, to afford them time and opportunity to meet the pub- 
lic expectation. ^ 

The provisions of the act creating an agency for the superintend- 
ence and improvement of the Tippecanoe Battle Ground have been 
complied with by the appointment of W. F. Reynolds, Esqr., of La- 
fayette. Measures have been taken to enclose the field of that con- 
flict, made memorable by the bravery of those gallant spirits, whose 
honored remains have been gathered and now repose together in its 
bosom. The design of the monument to be erected by the state has 
not yet been procured for the want of a knowledge of the most compe- 
tent artists. It was thought advisable to postpone the subject to the 
3 



18 

present meeting of Congress, to enable the Governor, through the la* 
diana delegation, to ascertain and communicate with artists of the 
highest reputation. 

To adjust and settle definitely all doubts in relation to the course 
and termmation. of that part of the boundary line between this state 
and Ohio near the mouth of the Great Miami, the Governor carried 
out the instructions of the legislature, by the appointment of a commis- 
sioner on the part of Indiana, to act in conjunction with the one 
representing Ohio. The joint commission, composed of John A. 
Matson of this state and Micajah T. Williams of Ohio, met at the place 
appointed by law, were qualified and entered upon the discharge of 
their duties. They succeeded in establishing the boundary. Monu^ 
ments will be erected to indicate the separating line of our jurisdiction 

The semi-annual examinations of the state prison, its policy and in- 
mates have been made by W. C. Foster, Esqr., the visiter. The su- 
perintendents do not, as he thinks, make unreasonable exactions of la- 
bor, nor do they exercise too great severity in the enforcement of the 
rules for the government of the convicts. He disapproves of a portion 
of their daily food* 

The improvements, with a view to the enlargement of the prison, 
have not been commenced, owing to the insufficiency of the appropria- 
tions made for that purpose. The urgent necessity for them requires 
the further attention of the Legislature. 

J. H. Colton, Esquire, of the City of New York, proposes to publish 
on a largo Ecal^, ihe map of Indiana, and has forwarded a copy of it in 
its yet unfinished state, for the inspection of members of the L,egislatnre, 
through whom he wishes to correct errors, if any exist. Several of the 
states, appreciating the necessity of having accurate maps of their respec- 
tive territories, have patronized similar projects, and forwarded copies to 
other states. Should you feel disposed to reciprocate the favor thus 
received, it is the intention of Mr. Colton, to make the map of this state 
somuch superior to any now published, as to entitle it to your patronage. 

The constant and multiplying dangers to which the archives of the 
state departments and the records and files of several of the public of- 
ficers are exposed, deserve the anxious attention of the legislature. 
They occupy the public building commonly called the "Governor's 
House," in which eight fires are constantly kept up. A spark from either 
may consume the whole, there being no other protection than that 
given by the officers and clerks, when attending at their places during 
the day. Their protection is of too much consequence to the state, to be 
longer left liable to the dangers that surround them. I would there- 
fore advise some early provision for the erection of suitable fire-proof 
offices on the public ground north of the capitol. If you can make no 
better provision for the means, they may be procured from the sale of 
the building named, with the ground attached to it. 

I invite the attention of the legislature to the law providing for the 
appointment of pilots at the falls of the Ohio. Its object was to afford 
to the extended commerce of that river, all the safety and facilities 
that could be afforded by the selection of skilful and experienced pilots 



19 

to conduct it over the falls. They were limited to four in number. 
The emoluments of these situations being very profitable at certain 
shipping stages of the river, a spirit of competition has been thereby 
engendered, which threatens to defeat the wise intentions of the 
law. Since your last session, owing to the absence of one of the 
pilots, the Governor made an appointment under an impression derived 
from representations made to him, that the individual had abandoned 
his commission. To obtain the benefits which the law was designed 
to subserve, a strict fidelity should be exacted from the incumbents by 
the legislature. The only means of securing it, would be a penalty in 
the shape of a forfeiture, to be rigidly enforced for every dereliction of 
duty. The interests involved, require that the appointments should be 
made with the most guarded caution and with an exclusive reference 
to the qualifications of the applicant. As the distance of the seat of 
government from the points where the services are needed, precludes 
the Governor's acting from personal knowledge, I would ^suggest, as 
conducive to the selection of the most competent individuals, the ex- 
pediency of so modifying the appointing power, now lodged with the 
Governor, as to require the recommendation of the circuit or county 
court of the adjoining county. 

The increasing amount of business in our judicial circuits is a griev- 
ance which requires the correcting exercise of your authority. It may 
be remedied by erecting an additional circuit, by prolonging the terms 
of the court, or increasing their number. Either cf these remedies 
will, I doubt not, effectually remove all cause of complaint, and it is 
your province to select that which will best accomplish the intended 
object. 

I have heretofore fully exposed to the legislature, my objections to 
our probate sj^stem, and proposed the remedies most approved by my 
judgment. To them I refer you, and will simply reiterate the opinion, 
that without a substantial change, it can never efficiently guard the 
rights and interests of the widow, the orphan, and the creditor, the pro- 
tection of which was the chief object of its creation. 

Should the legislature not concur in the views heretofore submitted, 
a partial remedy for the present defective system will be found in the 
appointment of a commissioner of probates in each county. In case 
of a failure on the part of the decedent to make an appointment, the 
usual duties of an administrator and the right to investigate all claims 
upon the estate may be given to the commissioner, requiring him to 
make full reports of his proceedings to the court. To prevent the ac- 
cumulation of large sums in his hands, his duties may cease on his de- 
positing the notes and evidences of debt with the clerk. On reaching 
their maturity, the court may appoint the next of kin or some other 
person to collect the amount due on them and pay the claims, after 
they have been approved by the commissioner and certified by the 
clerk. For the want of legal and business qualifications on the part 
of administrators, expenses are incurred and losses sustained. 

The law regulating escheats is defective in some of its provisions. 
From recent adjudications it appears that native born children of alien 



20 

parents may be deprived of their estates. Whilst the true policy to 
deny to aliens many of the rights and privileges afforded by our institu- 
tions, until they acquire the right of citizenship; yet such a decision, 
although unavoidable under the present law, is repugnant to our sense 
of justice, to the genius of our laws and to the intention of our Legis- 
lature. Estates which should rightfully revert to the public use, are 
also liable to be retained under the disguised and fraudulent pretences 
of individual claimants, from the want of an authorized agent to inves- 
tigate and prosecute the rights of the State. I would advise, therefore, 
a thorough and careful examination of the whole subject, with a view 
to an amendment of the defects of the existing law. 

The preamble and joint resolutions of the States of Massachusetts 
and Mississippi, relative to the extension of the franking privilege have 
been received, and I now have the honor of submitting them to you. 

Incompliance with the request of his Excellency, the Governor of 
Kentucky, I lay before the legislature a communication enclosing a 
preamble and joint resolution, of the legislature of that State, request- 
ing the protection of our laws against the seduction and concealment of 
the slaves of her citizens, when they escape, and as they pass along the 
Ohio river, in the service of their masters. 

Upon all questions connected with the institution of slavery, the citi- 
zens of this state have been exempt from excitement. Ever mindful of 
the duties which devolve on her as a member of the great family of 
American Slates, united under a common government, and bound to- 
gether by past recollections, by an identity of origin and a community 

of general intcrcoto, tho State of Indiana hao roligiously abstained lH 

her principles and her policy, from every act that could be construed 
into a disposition to tamper with, or disregard the domestic institutions 
of her sister States, By a reference to our laws on the subject, it will 
be seen that they have been shaped with a view to protect the inter- 
ests and rights of the citizens of those states where slavery has been 
established, and to furnish all just facilities for the reclamation of that 
species of property. By the act of 1824, a provision is made for an ar- 
rest and hearing, in a most summary manner, our judicial tribunals are 
ever ready to enforce the law, and a full measure of damages is award- 
ed to the aggrieved individual. Our laws relating to crime and pun- 
ishment impose a fine not exceeding five hundred dollars, on any one 
who shall knowingly employ a slave, conceal him, encourage his escape, 
give him a certificate of emancipation, or a pass, or who shall obstruct 
his arrest, when claimed by the owner. The claimant is moreover en- 
titled to his action for damages of five hundred dollars against the of- 
fending individual. 

With the ample provisions already made, I confess my inability to 
point out other or more efficient means of redress. It is due, howev- 
er, to Kentucky to consider the subject, and to exercise that sound dis- 
cretion which the occasion demands. And when you have deliberated, 
it will be due to that State, to reply in that feeling of amity, kindness 
and fraternal regard, evinced in the communication submitted to you. 



21 

The laws of this state, in common with those of ahnost every other in 
the Union, require the executive officer and those connected with tiie 
disbursement of thepubhc money at that point, to reside at the Seat of 
Government. Our officers consist of a Treasurer, Auditor, Secretary 
of State, one Fund Commissioner, and one member of the Board of In- 
ternal Improvement, in all five, in addition to the Governor's Staff, 
whose duties are connected only with the militia. The first three are 
elected by the Legislature, and the Treasurer alone has any control 
over the public moneys. The other two were appointed by the Gov- 
ernor and Senate, and have large amounts of the pubUc funds commit- 
ted to their charge. These officers have uniformly kept safely, disbur- 
sed promptly, and most satisfactorily accounted for, every dollar pass- 
ing through their hands ; and there never has been an officer disbursing 
the public money at the Seat of Government, who has been guilty of 
any proved or known delinquency. You are aware, however, that ac- 
tive and artful attempts have been made to excite a distrust of the fi- 
delity of the officers of the State Government, and to create the belief 
that there is a combination of officers residing at the capitol, who are 
leagued with individuals, and are habitually guilty of gross perver- 
sions of their trust, and in the fraudulent use of the public funds. Our 
citizens have paid their taxes cheerfully, and will no doubt continue to 
do so, under the belief that they are faithfully applied to the objects 
for which they were collected. Should they believe that the money so 
obtained, or that borrowed for our public works, is corruptly or impro- 
perly used by officers and individuals, they will and ought to withhold 
their confidence. Tf the ohargca mc crue. Hit; ufTenclmg individuals 
should be arraigned at the bar of public justice, and before the tribu- 
nals of their country. If false, it is due alike to the accused and to the 
community, that the public mind should be disabused. You possess 
the power and on you devolves the high duty of examining narrowly 
into the discharge of every public trust, and exposing all abuses that 
exist. I would therefore recommend the appointment of a committee 
with power to send for persons and papers, to investigate the whole 
subject. The public money is deposited in bank, and paid out only on 
the checks of the officers. If it has been applied to individual or im- 
proper purposes, you can easily detect and expose the abuse, and apply 
the appropriate remedy. 

My official relations with the Legislature and the people terminate 
with this communication. The thought of separation creates in my 
bosom mixed sensations of pain and pleasure. On the one hand I 
part with those with whom I have co-operated, with all the regret, a 
lively recollection of such an association is calculated to inspire. On 
the other, enjoying as I have a full share of the honors of political dis- 
tinction, and participating in the cares, the responsibilities and the 
burdens that throng the path of public duty, I welcome the hour of my 
release that restores me to the endearing pursuitsof private life. 

On reviewing the period of my official connexion with you, it is 
gratifying to reflect that the confidence between the two branches of 
the government has been uniform aud reciprocal. No other restraint 



22 

than that imposed by official propriety has governed our intercourse, 
and my memory recalls no occurrence offensive to a just pride of sta- 
tion or at variance with the claims of personal respect. In my zeal- 
ous devotion to the public prosperity, I have freely offered suggestions. 
Some of them have been made the basis of legislation, and have thus 
been sanctioned by your better judgment. Other recommendations 
were regarded as inexpedient, but in place of exciting mortification, 
the reasons elicited by investigation for their rejection, have tended 
to increase my conviction of the excellence of that feature of our re- 
publican system which interposes the legislative branch between the 
Executive and the people. 

The six years of my public service to which I have alluded, have 
been marked with immense results that will not readily be overlooked in 
the history of the State. At the suggestions of the public spirit and in- 
telligence of our common constituents, schemes of policy have been a- 
dopted by the Legislature involving lasting and incalculable results to 
her prosperity and fame. The opportunity I enjoyed of the tender of 
my feeble aid now ceases, and on you devolves the honorable task of 
sustaining her cherished policy, and of identifying your names with 
that series of measures that will tend to aid her in the fulfilment of 
the high destiny that awaits her. Although separated from you, I 
shall nevertheless regard your action with anxious solicitude, and I 
fervently invoke the Divine Being to extend his beneficent and pro- 
tecting care over your counsels, and to guide you in the path of wis- 
dom, prosperity, and honor. N.NOBLE. 

Indianapolis, Dec. 5, 1837. 

The Senate returned to their chamber. 
On motion the Senate adjourned. 



WEDNESDAY MORNING, Dec. 6. 
Senate assembled. 

On motion of Mr. Vawter, 

Resolved^ That the Senate will, the House of Representattves con- 
curring therein, proceed on Friday next, at 10 o'clock, A. M. to the 
election of a Circuit Judge in the first, second, and third Judicial Cir- 
cuits: Also, to the election of a Prosecuting Attorney, for the ist, 3d, 
and 7th Judicial Circuits, and that the House of Representatives be 
informed of the adoption of this resolution, and their concurrence re- 
quested. 

Mr. Sigler moved to amend by striking out the 7th Judicial Circiut. 

On motion of Mr. Morgan of Rush, 

The resolution with the proposed amendment, was ordered to lay 
on the table. 



ditora of 

copies 

session 

envel- 

those 



di- 
■e- 



)f 
i- 
e 
le 
.d 



r 



22 

than that imposed by official propriety has governed our intercourse, 
and my menmory recalls no occurrence offensive to a just pride of sta- 
tion or at variance with the claims of personal respect. In my zeal- 
ous devotion to the public prosperity, I have freely offered suggestions. 
Some of them have been made the basis of legislation, and have thus 
been sanctioned by your better judgment. Other recommendations 
■were regarded as inexpedient, but in place of exciting mortification, 
the reasons elicited by investigation for their rejection, have tended 
to increase my conviction of the excellence of that feature of our re- 
publican system which interposes the legislative branch between the 
Executive and the people. 

The six years of my public service to which I have alluded, have 
been marked with immense results that will not readily be overlooked in 
the history of the State. At the suggestions of the public spirit and in- 
telligence of our common constituents, schemes of policy have been a- 
dopted by the Legislature involving lasting and incalculable results to 
her prosperity and fame. The opportunity I enjoyed of the tender of 
my feeble aid now ceases, and on you devolves the honorable task of 
sustaining her cherished policy, and of identifying your names with 
that series of measures that will tend to aid her in the fulfilment of 
the high destiny that awaits her. Although separated from you, I 
shall nevertheless regard your action with anxious solicitude, and I 
fervently invoke the Divine Being to extend his beneficent and pro- 
tecting care over your counsels, and to guide you in the path of wis- 
dom, prospRrity, and honor. N.NOBLE. 

Indianapolis, Dec. 5, 1837. 

The Senate returned to their chamber. 
On motion the Senate adjourned. 



WEDNESDAY MORNING, Dec. 6. 
Senate assembled- 

On motion of Mr. Vawter, 

Resolved,) That the Senate will, the House of Representattves con- 
curring therein, proceed on Friday next, at 10 o'clock, A. M. to the 
election of a Circuit Judge in the first, second, and third Judicial Cir- 
cuits: Also, to the election of a Prosecuting Attorney, for the 1st, 3d, 
and 7th Judicial Circuits, and that the House of Representatives be 
informed of the adoption of this resolution, and their concurrence re- 
quested. 

Mr. Sigler moved to amend by striking out the 7th Judicial Circiut. 

On motion of Mr. Morgan of Rush, 

The resolution with the proposed amendment, was ordered to lay 
on the table. 



ABSTRACT B, 



[To follow Gov.'s Message, Senate Journal. 



Showing the dales of the laws authorizing the sales of Bonds, their date and amount, when reitifbursable, to whom sold, rate of interest and sale, for u'hat purpose sold, proceeds, amount 

received and amouw yet due. 



Date of law author 
izing tlic loan. 




Jan. 1B32 

" 1034 

1832, 1034 

1834 
1634, 1035 

1034 

1836 
1835 
1,035 
1834 
18 



1st July, 1832 

" 1834 

" Jall'y 1835 

" July, 



Wlien reimburs- 
able. 



Amount of the 
bonds. 



18G2 to 1886, 
1854 to lee-ii 
18G6 to 1886 
1866 to 1886 



;-Ui 18 



1855 to 1865 

1866 to 1886, 
186G to 18861 
1 866 to 1 

1856 to 1866 

1861 

1866 to 1-886 

1 
1866 to 1 



To whom sold, &c. 



Rate of 
Interest, 



r. D. Beers & Company, 
Prime, Ward &l King, 

same, 

Secretary of War, . - . 

J. J. Cohen, jun. & Brother, 

same, _ . _ 

Prime, Ward Sl. King, 

same, - . - 

J. Cohen, jun. & Brother, 
Secretary of War, - 
ThoR. Riddle &; Co. & M. C. & B. Co. 
.1. J. Cohen, jun. k. Brotlier, 
T. Biddle & Co., & M. Canal &B. Co. 

Lawrenceburgliand Indianapolis Rail Road 
Christmas, Livingston & Company, 
Morris Canal and Banking Company, 



Lawrence burgh and Indianapolis Rail Road 

Statcn Ishmd Whaling ,co. - 

Western Bank of New York, 

Eric County Bank, - - - 

Detroit & Pontiac R. R. Co. 

Statcn Island Whaling Co, 

Morris Canal and Banking Co. 

same, 

same, 

same, _ _ _ 

same, - ■ - 

same, 

same, - - - 

same, ' - 

same, 

same, 
Binghampton Bank, - 
Branches of State Bank, 
Merchant's Exchange Bank, - 
Bank of Commei'ce, 
" imk of North America, 
Madison Company, - 

same. 
Various persons. 

sam^. 
Yet unsold, 



6 per cent. 



Rate of 
sale. 



For ivhat purpose sold. 



Proceeds of sale 

and amount for 

which hypothc- 

'cateti. 



§113 26 



Wabash and Erie Cauval, 
State Bank, 

Wabash and Erie Canal, 
same, 
■ same, 
State Bank, 

Wabash and Erie Canal, 

same, 

same. 
State Bank,. 
Internal Improvement, 

same, 

Wabash and Erie Canal, 
Law. &, Indianapolis Rail Road, 
Wabash and Erie Canal, 



102 


same, 


100 


Internal Improvement, 


102 


same. 


103 


same. 


100 


Law. & Indianapolis Rail Road, 


100 


Internal Improvement, 


100 


same. 


100 


same, 


100 


same. 


100 


same. 


100 


same. 


90 


same, 


90 


Wabash and Erie Canal, 


98 


State Bank, 


100 


Internal Improvement, 


98 


same. 


88 


same, 


80 


same. 


80 


same. 


100 


same. 


88 


same. 


100 


4th Inst. U. S. Surplus Revenue, 


96 


Internal Improvement, 



same, 

same, 

same, 

same, 
Payment of Interest, 
Sold to pay int. und. hypothecation 
Under hypothecation. 



1,000,000 GO 



Amount yet due. 




*These Bonds were not registered^ and it cannot be safely determined to what particular fund they belonged. Tfiey consisted of bonds previously executed for various purposes, 
bearing different dates, and reimbursable at different periods. 



The whole public debt is as folio 



1. Total amount of bonds disposM of for every purpose whatsoever, _.-... 

2. Supposed amount of Treasury' Notes outstanding, including interest, - - ■- 

3. Amount due State Bank for advances on the public works in 1839, including interest to Oct. 30, 1841, 

4. July instalment of interest still due, deducting §30,000, seven per cent, bonds given for coupons, 



$12,751,000 00 

1,385,000 00 

693,146 00 

.- 259,000 00 



Total, §15,088,14 



00 




.Zl 



S3 

Mr. Thompson of Perry offered the following resolution: 

Resolved^ That the Sergeant-at-Arms contract with the Editors of 
(he Newspapers, at present published in Indianapolis, for copies 

of each number of their respective papers during the present session 
of the General Assembly, to furnish each Senator, separately envel- 
oped, provided the same can be procured at prices not exceeding those 
charged their annual subscribers, for public distribution. 

On motion of Mr. Dunning, 

Said resolution was so amended as to permit the Editor of the Indi- 
ana Farmer to a seat in the Senate Chamber, for the purpose of re- 
porting the proceedings of the present session. 

On motion of Mr. Morgan, 

The resolution was amended by inserting after the word "papers" 
the words, 'containing the Legislative proceedings of the present Gen- 
eral Assembly. 

Mr. Kennedy moved that the resolution, with the several amend- 
ments, be laid upon the table. 

And on the question, the Ayes and Noes being called for, 

Those who voted in the Affirmative were, 

Messrs. Baird of St. Joseph, Beard of Montgomery, Bell, Bradbu- 
ry, Brady, Casey, Cathcart, Chambers, Clark, Cole, Daily, Dobson, 
Dunn, Ewing, Green, Hacket, Kennedy, Little, Mitchell, Moffitt, Mor- 
gan of Rush, Mount, Puett, Sigler, Smith, Staflford, Stanford, Stewart, 
Thompson of Johnson, Thompson of Lawrence, Thompson of Posey, 
Trask, Tuley, Vawter, Walker, Watts of Dearborn, and Walt of 
Union— 37. 

Those zvho voted in the JYegative were, 

Messrs. Colerick, Crawford, Dunning, Elliott, Finch, Moore, Mor- 
gan of Decatur, and Terman — 8. 

Whereupon the resolution with the several amendn^^cnts were laid 
upon the table. 

The following message was received from the House of Represen- 
tatives, by Mr. Elliott their clerk: 

Mr. President — 

The House of Representatives have adopted the following resolu- 
tion: 

Resolved, That the Senate be informed that the House of Repre- 
sentatives is now ready to open and count the returns of the votes of 
the several Counties in the State of Indiana, for Governor and Lieu- 
tenant Governor of said State, in the presence of both Houses of the 
General Assembly, and that the Senate be invited to attend in the 
hall of the House of Representatives instanter, for that purpose, and 
that seats be provided for them on the right of the Speaker's chair. 



S4 

Whereupon the Senate repaired to the hall of the House of Reprei 
sentatives where the Speaker, in the presence of both Houses of the 
General Assembly, proceeded to open and publish the returns of votes 
given in the several counties at the last annual election for Governor 
and Lieutenant Governor, but before the same vi^as completed, the 
convention adjourned, and the Senate returned to their chamber^ 

On motion the Senate adjourned. 

2 o'clock^ P. JW. 
Senate assembled. 

On motion of Mr. Vawter, 

Resolved, That a committee of two members on the part of each 
House (the House of Representatives concurring) be appointed to in- 
vite the Rev. James Havens to unite with both branches of the Gen- 
eral Assembly in the hall of the House of Representatives, on to-mor- 
row, at iO o'clock, A. M. oflfering to the Supreme Ruler of Nations oUr 
devout acknowledgments of gratitude for past blessings, and a humble 
supplication for their continuance, and that the Executive, Judiciary, 
and other State officers be invited to attend. 

And Messrs. Vawter and Dunn, were appointed the committee on 
the part of the Senate. 

On motion of Mr. Elliott, 

Resolved, That two thousand copies of the Governor's Message be 
printed for the use of the Senate. 

The following message was received from the House of Represen- 
tatives by Mr. Elliott, their clerk. 

Mr. President — • 

The House of Representatives have adopted the following resolu- 
tion: 

Resolved, That the Senate'be invited to attend in the Representa- 
tives hall instanter, to be present while the Speaker continues to open 
and publish the votes given on the first Monday of August last, for 
Governor and Lieutenant Governor of the State. 

Whereupon, the Senate repaired to the hall of the House of Rep- 
resentatives to witness the completion of the opening, and publishing 
of the returns of votes for Governor and Lieutenant Governor, in 
presence of both Houses of the General Assembly ; upon the comple- 
tion of which it appeared that David Wallace had received a plurali- 
ty of votes for Governor, and David Hillis for Lieutenant Governor, 
of the State of Indiana; and thereupon the President of the Senate 
in convention, proclaimed the said David Wallace to be duly elected 
Governor, and the said David Hillis Lieutenant Governor respectively, 
for and during the term of three years from and after this day, and 
until their successors shall be elected, and qualified. 

And the Senate returned to their chamber. 



25 

On molion of Mr. Colcrick, 

The resolution laid on the table this morning authorizing the Ser- 
geant-at-Arms to contract with the Editors of Newspapers published 
in Indianapolis, for public distribution, was taken from the table, and 
further amended by inserting the resolution of the Senate. 

And on the question, shall said resolution as amended be adopted? 
The ayes and noes being called for, 

Those zoho void in the J(Jirmalive were, 

Messrs. Baird of St. Joseph, Bell, Bradbury, Brady, Casey, Cham- 
bers, Clark, Colerick, Crawford, Dobson, Dunning, Elliott, Ewing, 
Finch, Green, Hackett, Moffilt, Moore, Morgan of'Decatur, Sigler, 
Stafford, Terman, Thompson ofLawrence, Thompson of Posey, Tulej, 
Vawter, and Walt of Union — 27. 

Those zoho voted in the JVegulive loere, 

Messrs. Beard of Montgomery, Cathcarf, Cole, Daily, Dunn, Ken- 
nedy, Little, Mitchell, Mount, Pueti, Smith, Stanford, Stewart, Thomp- 
son of Johnson, Trask, Walker, and Watts of Dearborn — 17. 

So said refoluticn was adopted. 

The following Message was received from the House of Represen- 
tatives, by Mr. Elliott their clerk: 

Mr. PnESrDENT 

The House of Representatives have adopted the following reso- 
lution: 

Resolved, That a committee of two be appointed on the part of this 
house, to act with a similar committee to be appointed by the Senate, to 
wait on his Excellency David Wallace and the Hon. David Hillis, and 
inform them that they have been elected respectively, the first to the 
office of Governor, the second to the office of Lieutenant Governor of 
the State, and to know of them, at what time it will be their pleasure 
to take the oath of office. 

Messrs. Stapp and Smydth of Clay are appointed that committee on 
the part of this House. 

Whereupon, the Senate reciprocated the resolution of the House of 
Representatives, and Messrs. Vawter and Morgan of Rush were ap- 
pointed the committee on the part of the Senate. 

Mr. Morgan of R. of the committee for that purpose now reported, 

That the joint committee appointed by the two houses, to wait ou 
David Wallace Governor elect, and David Hillis Lieutenant Governor 
elect, and to inform them of their elections to the said otfices, and to 
know at what time it will be their pleasure to attend in the Hall of 
the HouEcof Representatives and take the oaths of olfice, have per- 
formed that duly, and havc'VeccivcdJor answer, that they will attend 
at 4 o'clock P. M. on lliis day. 
1 



26 

The following message was received from Ihe House of Represen- 
tatives by Mr. Elliott their clerk: 

Mr, President — 

The House of Representatives have adopted the following reso- 
lution: 

Resolved^ That the|Sena(e be inviled to attend in the Representa- 
tives' Hall instanter, to hear (he oaths of office administered to his Ex- 
cellency David Wallace Governor elect of this State, and to the Hon. 
David Hillis Lieutenant Governor elect of the Slate, and that seats be 
provided for thenn on the right of the Speaker's chair. 

Whereupon the Senate repaired to the Hall of the House of Repre- 
sentatives, where in presence of both Houses, the oaths to support the 
Constitution of the United States and of the State of Indiana, and the 
oath of office was administered to the Governor and Lieutenant Gov- 
ernor by the Hon. Isaac Blackford a Judge of the Supreme Court. 

After which, the Governor delivered the following address: 



Fellow- citizens of the Senate 

and of the House of Representatives : 
Deeply impressed with the responsibility of the station which the 
kindness of my Fellow-Citizens of Indiana has selected me to fill, I 
embrace this opportunity of tendering to them, through you, my most 
grateful acknowledgments for tills distinguished manifestation of their 
confidence, together, with a brief expose of the views and opinions I 
entertain on exciting questions of State policy. In taking this step, I 
feel, that I am only following in the wake of all my predecessors. — 
They have, I believe, without a single exception,deemeditmost respect- 
ful and proper, prior to entering on the discharge of their official du- 
ties, to publish, to the people, an epitome of the principles, by which 
they design to be governed during their continuance in office. Upon 
this custom I have no desire to innovate; and, if I had, this is certainly 
not the time to attempt it. The surprising increase of wealth and 
population which the history of Indiana for the last eight years so 
cheeringly exhibits; the acknowledged extentand fertility of hersoil; 
the singular variety of stirring and important interests growing out 
of these circuinstances; added to the bold, daring, and gigantic efforts 
she is now making to ensure a full and speedy developement of all her 
resources, calls, not only, for the undivided application of the whole 
energies of her people, but, also, for the unconcealed opinions of her 
public servants. 

In acquitting myself of this delicate task, I tVankly confess, before 
hand, that the consciousness, that none of the dudes that I shall like- 
ly be required to perform, will consist, either, in designing, limiting, 
or establishing any new system of State policy or improvement, is to 
me, a source of great and peculiar reUef. Because, I cannot but look 



INDIAJTA STATE LIBRARY 



■ 27 

upon these perplexing matters as being, already, settled; the contro- 
versies concerning them as ended; and the scale and character of our 
future plans and operations, for years to come, as, in a measure, per- 
manently fixed. If, in this, I do not err, the duties devolving upon 
each and all of u=, as mere agents of the people, are, to my mind, both 
obvious and easy of comprehension. They are, evidently, to be con- 
fined to the labors of execution; to the toilsome, vexatious, and diffi- 
cult endeavors to carry out and perfect the magnificent system of State 
Improvement which the legislation of past years has so laboriously ma- 
tured. 

In assuming such grounds I am not unconscious that, in the estima- 
tion of a very respectable portion of my fellow-citizens, it is consider- 
ed that the state has undertaken entirely too much: that the very at- 
tempt to prosecute so great an enterprise, with the means in possession 
or expect mcy, must, inevitably, involve us in debts beyond our abilities 
to pay; and, thereby, entail upon us, the worst of all evils — oppressive 
and ruinous taxation, without even the hope of reliefer mitigation. — 
lam not unaware too that, in anticipation of such fearful consequen- 
ces, prediction after prediction has, repeatedly, escaped from intelli- 
gent lips calculated to chill the ardour and to extinguish the noble spir- 
it of daring which seems to have animated the bosomi of a large ma- 
jority of the people. But the astonishing success which has thus far 
attended ourprogress: the realization of all, and more than friends the 
most sanguine dreamed of; nay, the flattering auspices of the future, 
should, it appears to me, dispel every doubt and quiet every fear which 
such boding prognosiica mnj liiive created. To relieve m^'self, how- 
ever, in speaking so encouragingly, from the imputation of overwrought 
zeal, perhaps, from tlie charge of being too deeply enamored with 
the enterprize, itself, to exercise a sound or unbiassed judgment, per- 
mit me, by departing a little, from the course usually adhered to on 
occasions like the present, to present you with some of the most im- 
portant facts which the experience of the past most indubitably fur- 
nishes. 

From documents that will in due time be laid upon your tables by 
the proper department, I have, at the expense of some labor, and with 
a view to the assurance of my own mind, gleaned a few interesting 
items, of statistics which, seem to m.e, to exhibit the truest picture of 
the strength and resourcesof the State as they now are, together, with 
the best data, upon which, to build calculations for the future. These 
have been taken uniformly, by me, from the official returns of the 
assessment of taxable property, made from the several counties in the 
Slate, agreeably to the requisitions of law. 

If the rule, which some political economists have laid dowu be cor- 
rect, that the wealth of a State consists in the number and industry of 
her population, Indiana has, surely, the most abundant reason to feel 
confident in, and proud of, her present condition and prospects. The 
yearly accession she has made to these undoubted elements of wealth 
has been no less cheering than wonderful. To prove this take the re- 
turns just referred to — the returns for instance, of 1830, '35, '36, and 



28 

'37, now on file in the office of the auditor of State, and compare Ihem. 
These show that the taxable polls of 1830 amounted to 52,196: that 
the same for 1835 amounted to 64,289; for 1836 to 77,438; for 1837, 
the present 3'ear, to 85,000, or thereabouts. I am here constrained, 
however to acknowledge that, these returns are, in many respects, 
glaringly imperfect; that they fall greatly below the true estimate as 
the aggregate vote for Governor, this year, most conclusively demon- 
strates. This vote amounts to between eighty-three and eight} -four 
thousand, a little less, you perceive, than the number of taxable polls 
returned, whereas, in truth and in fact, all pat ties will admit that, not 
less than fifteen or twenty thousand voters either remained at home or 
did not vote. But still, imperfect as these returns are, they suffi- 
ciently indicate the progressive increase of population to an- 
swer our present purposes. They furnish the friends of the present 
system of State policy and improvement with the most exhilirating 
results. Instead of witnessing the gloomy process of depopulation, 
as was so confidently predicted, they have been gratified with the ex- 
hibition of scenes the very reverse. The tide of emigration has con- 
tinued to swell around us beyond all former example; so much so, that 
the increase of taxable polls of the last two years, exceeds, the in- 
crease of the taxable polls of tlie five preceding years, upwards of 
eight thousand: In other words the increase of the last two years 
amounts to 20,71 1 polls, whilst the increase of the five preceding years 
amounts to only 12,093. 1 leave the facts, with you, withe ut com- 
ment. Indeed, they need none; the language they speak and the con- 
clusions they lead to, are ns poiiUed and convincing as the most fastidi- 
ous friendship could desire. 

Again: On the subject of taxable property, the same documents dis- 
play similar results equally as cheering and quite as conclusive. For 
the year 1830, it is true, we have not the means of ascertaining the 
aggregate value of property throughout the state — the revenue of this 
year having been collected under the old system — but, for the vears 
1835, '36, and '37, wc are not left so completely in the dark. ' The 
new mode of taxation then, for the first time adopted and enforced, 
shows us that the sum total of all the taxables of these years ranges, 
nearly, as follows: that is to say, for the year 1 835, 47,353,885 dollars; 
for 1836, 82,163,687 dollars; for 1837, 98,500,000 dollars. Do these 
flattering results,! ask — below the true estimate as they confessedlv are 
— indicate, in the remotest degree, thatany of the great fountains of our 
wealth have been drying up? With the utmost deflference for the ad- 
verse opinions of others, I humbly conceive not. The Canal Com- 
mittees of the Senate and House of Representatives last winter in 
their report, calculated, only, upon an increase of taxables from year 
to year at a rate of ten per cent. Thus far, at least, they have missed 
the mark widely. Instead of ten percent, the returns of the present 
year exhibit an increase of near twenty. 

If we descend from generals to particulars, the foregoing result will 
not be materially changed; but, on the contrary, we shall still be 
heeredby the discovery of new facts, all, alike, tending to sustain and 



•29 

confirm the people in the course they are now pursuing. Take, for 
example, the eighteen counties bordering on the Ohio, including all 
the counties south of White river, and we find that, even there, in the 
oldest settled part of the state v^'here the population, wealth, and im- 
provennents are comparatively fixed, a:id, consequently, less liable to 
flunctuation and change, the taxable polls increased, the present year, 
1058, and the value of taxable property 2,405,838 dollars. I am not 
mistaken in this result: Because the returns of 1837, show the taxa- 
ble polls of these counties to be 19,178, and the amount of taxable 
property, 25,442,307 dollars, whilst, the same returns for lS3G on- 
ly give us 18,120 polls, and 23,036,469 dollars of taxablcs. 

But to be more special still: Select the counties of Spencer, Perry, 
Crawford, Harrison, Clark, Jackson, Switzerland, and Ripley — 
through which none of the contemplated works of Internal itnprove- 
menfs are to pass — and how stands the account there? Why, in 1836, 
they returned 7,898 polls and 8,176,374 dollars of taxables, and, in 
1837,8,200 polls and 8,798,540 dollars of taxable?, showing the in- 
crease of tlie present over the past year to be 302 polls and 623,166 
dollars of taxablcs. A result, certainly, which should be hailed by the 
friends of Internal Improvement as peculiarly ominous and encour- 
aging; a result, which absolutely demonstrates that no part or portion 
of the State has been retrograding: thit no part or portion of our fel- 
low-citizens have been flourishing at the expense or upon the means of 
their neighbors; in short, that while the north has been springing for- 
ward with amazing rapidity, the south — the patriotic south! has been 
pursuing Ihe even tenor of fier way, prospering, even in those parts 
where no adventitious circumstances have been permitted to assist her. 

The foregoing remarks being strictly api'licable to our past and pre- 
sent condition, aglance at the future may not, perhaps, be unprofitable. 
We are all equally interested in the enquiry, VVhat assurances have we 
that these prosperous circumstancesare tocontinue, or, that ihesources 
of our revenue are to expand in proportion to the increased demand that, 
we know, must be made upon us from year to year, to defray the inter- 
est upon our rapidly accumulating debt? In finding an answer to 
these questions, I am happy to say, that, we are not left to the uncer- 
tain guidance of mere conjecture. We have at our command, facts 
and data, as undoubted in their character, as those upon which we 
have just been commenting. By referring to the Reports of the Com- 
missioner of the General Land Otlice, for a scries of years back, we 
ascertain from them, the precise number of acres of the public land 
that have been sold each year within the limits of the state, and, con- 
sequently, the exact annual additions that will constantly be making to 
the present amount of our taxable land, as far in advance as 1841. 
For the satisfaction of my fellow-citizens, I here, furnish them with 
these important results. The quantity of public land sold, for in- 
stance, in 1832, amounted to 516,444 acres — these, as a matter of 
course, became taxable the present year; in 1 833, 555,000 acres were 
sold — which become taxable in 1838: in 1834, 585,000 acres were 
sold — which become taxable in 1839: in 1C35, 1,536,904 acres were 



30 

Sold — which become laxable in 1840: in 1836, 3,'249,'210 acres were 
sold — which became taxable in 1841: making altogether a sum total 
of 6,522,958 acres, which, in 1841, is to swell the tax list of that year 
over and above the tax listof 1 836: that is, instead of the five millions of 
acres and upwards subject to taxation in 1836, we shall have twelve 
millions and upwards subject to taxation in 1841. Is not this a most 
animating result? Could our prospective advancement in all the sub- 
stantial elements of wealth be presented in bolder relief? 

But again ; in looking forward to the increase of taxation, it is quite 
natural that we should enquire how this burthen is to be distributed? 
Whether equitably or not? Whether it is so arranged that those who 
are most benefitted shall be required to pay most? Prompted by cu- 
riosity, I was led to a somewhat minute examination of these points, 
and I found, first, that of the 81 counties that appear upon the tax list 
of the present year, 52 of them are directly and immediately interest- 
ed in the prosecution of some one of our public work?, and 29 that are 
not; secondly, that the sum of all the taxables returned by the 52 
counties this year, amounts to near seventy-six millions of dollars, 
while the same returned by the 29 counties, amounts to but twenty-two 
and a half millions; establishing the fact, to the satisfaction of the 
most scrupulous, that the former counties, even, of the burthens and 
expenses of the present year, piy near three and a half times as much 
as the latter. And I take it, that it needs but a moment's reflection 
to decide that, this ratio, great as it is, must continue to increase for 
years to come: For not less, perhaps, than eight-tenths of the six and 

a half millions of acres of land, which we have seen are to become 

taxable in 1841, lie in some one of the 52 counties, or in the north. 
And there is the north too, with her port of entry and harbor on the 
Lake; her shipping list, strange as it may sound to our ears; her one 
hundred thousand dollars worth of exports — her three hundred arri- 
vals and departures of vessels, of various descriptions, the present 
year; her iron foundries; her numerous manufacturing establish- 
ments; her enterprising population — her flourishing towns and villa- 
ges — the north, I say! hold out to us these most flattering indications 
that, she too, will be forthcomingat the hour of need — perhaps, by '41, 
certainly by '45 — with her taxable list of thirty or forty millions of 
dollars. 

With all these facts before us, can the remarkable circumstance — 
which made false prophets of so many of us — of the state's procuring 
last summer — in the midst of the universal wreck of credit which then 
pervaded the whole country — the necessary amount of funds, and on 
terms too as favorable as she asked for — remain any longer an enig- 
ma? I think not. 

A question of very considerable importance, bearing directly upon 
the mode and manner of proseculing our public works, was agitated 
amongst the people during the last summer with great energy and zeal; 
I mean the question of classification. A more imposing one, perhaps, 
has seldom or never been introduced to the consideration of any com- 
munity — one, belter calculated to rally to its embrace a formidable 



31 

host of /fiends. Concentrate, say the advocates of this policy, the en- 
tire energies of the state upon some one or two of the works, at a 
lime, and finish them before any of ihc remainder arc touched, and so 
on in succession until the whole are completed. Now the objection to 
all this, is not, nor, cannot be, to the abstract proposition itself, but 
purely to what must grow out of the efTort to apply it — a division of 
ifriends — the clashing of adverse interest-; — in a word, the utter pros- 
tration of the whole system. Believing that such would be the re- 
sult of its adoption, I have heretofore, on all fit occasions, declared pub- 
licly to my fellow-citizens, my decided hostility to itj and I have now on- 
ly to add that I have seen nothing since to justify a change. Still if, in 
all this, I am mistaken — if my fears and apprehensions are groundless, 
here, I am happy to say, is the place to correct them. I stand pledg- 
ed to the people, in this matter, to conform to their will as they may see 
fit to express it through a majority of both branches of the legislature. 
But in reality are these fears imaginary? Let us endeavor to test 
them. Some of the works must be postponed. But whose shall they 
be? Are you of the north instructed by your constituents to vote that 
their work shall be deferred until all or a part of the rest are comple- 
ted? 1 put the same question to you of the Wabash — of the south — 
of the centre — of the east? If you are, why, then, every difficulty 
vanishes — no dissafisfaclion can accrue — and the plan can be carried 
out successfully; and therewith I shall be content. But if, as I am led 
to believe, your instructions are directly the reverse — if you are sent 
here by your constituents to urge a speedy and energetic prosecution 
of the several works in which ihey are interested, I cannot, for the life 
of me, see how you are to classify them, in the way proposed, without 
engendering such hostilities and creating such divisions among you, as 
to prove fatal to the whole enterprize. In anticipation of such conse- 
quences, and with a view to escape from them, I have, in other places, 
suggested a different plan; a plan that can only be carried into effect 
by liberally indulging in a spirit of compromise. It is to concentrate 
the means of the state on portions of each work at the same time, 
commencing at the most profitable and commercial points to be desig- 
nated by the legislature, or Board of Internal Improvement; to com- 
plete these portions respectively before others are touched; and as 
soon as completed put into use, in orderthat the state may be realizing 
something from them whilst she is in the act of finishing the remainder. 
In this way confliciing interests may be reconciled, harmony preserved, 
and the great mass of the people enlisted on the side of our Improvements. 
A point, by the way, of incalculable importance. For let the people of In- 
diana be united, let their means and resources be applied with all their 
skill and energy, and, I could almost venture to predict their achieving 
impossibilities. But sow the seeds of discord instead; call up the de- 
mon spirit of sectional jealousy to mingle in their councils, and the gi- 
ant will instantly shrink into the d^varf, and all their efTorts be attend- 
ed by the mortifying concomitants of failure and disappointment. 

It is highly necessary also, in the prosecution of our public works, 
that strict economy should be observed in the adminislralion of every 



32 

department; lavish or unnecessary expenditures should be carefully 
avoided; the people should be satisfied that every dollar they appro- 
priate shall be skilfully and legitimately applied and scrupulously ac- 
counted for; in fine, tliat such a line of policy should be selected and 
rigidly pursued as will tend most to relieve them from the burthens of 
taxation, and yet, attain for them, with commendable rapidity the 
great end desired. 

Closely and inseparably connected as is the cause of education with 
the prosperity and successes of any people, it is unquestionably, the 
part of wisdom, and one of the first requisites of prudence in us, nei- 
ther to forget nor lose sight of it in our zeal for the achievement of 
other objects. And I am proud to say that hitherto, we have not. 
The funds that have been set apart for education purposes in Indiana, 
are truly great aad munificent, and need only, a corresponding ener- 
gy and foresight in the application of them to procure the happiest re- 
sults — to carry the light of intelligence and the spirit of inquiry into 
every family circle in the State. Entertaining such sentiments, 1 hope 
1 need scarcely add, that I shall cheerfully endeavor to devote what- 
ever ability or influence 1 may possess — official or otherwise — to aid 
in its promotion; to cheer its friends; and to rally to its support the 
good will and the best regards of my fellow-citizens generally. 

Inasmuch, too, as the great and paramount interest of the State is, 
from the peculiarity of her position and soil, agricultural, it will at all 
times afford me unmingled satisfaction to contribute any and every 
thing in my power to encourage and sustain it. It is, recollect, for this 
end (and surely a nobler cannot be conceived) that the fortunes of In- 
diana have been ventured on the construction of so extensive a system of 
internal improvement. The friends of this system ardently hope, that 
the day will not be far distant when the million of freemen whose 
homes are to be reared and whose industry is to subdue the almost in- 
terminable forests in the interior, shall be enabled, by it, to enjoy like 
facilities — like advantages in commercial transactions, as are at present 
possessed by our more fortunate neighbors who dwell upon the banks 
of the Ohio. And, permit me to remark, that I hail the spirit display- 
ed through the numerous agricultural societies and fairs created and 
held the past year in every part of the State as furnishing the best guar- 
antee of future success and excellence in every branch of mechanical 
and agricultural bkill. And to my fellovz-citizens who are engaged in, 
at once so innocent — so happy, and so beneficial a scheme of improve- 
ment as these same societies indicate, in the utmost sincerity of my 
heart, l&ny, God speed you. 

Having now freely and frankly communicated my sentiments in re- 
gard to the most prominent questions that are likely to engage your 
thoughts and deliberations for some time hence, I have only to add that 
I shall diligently seek to co-operate with you in the furtherance of all 
measures that may have for their object the prospciity and happiness 
of Indiana. And although I shall not pretend to bring to your assis- 
tance the aid cf superior abilities, yet am I unwilling to acknowledge 
that I siiall be behind you in the will or the inclination to serve my 
Stale to Ihc utmost. And being that we are now on the threshold of 



33 

our official intercourse and duties, suffer me in conclusion to supplicate 
Almighty God to smile upon our labors; to light up before us the path 
of duty; to improve and direct our judgments; to inspire our hearts 
with becoming sentiments of kindness and affection for one another; 
and, finally, to bestow upon us the richest reward public servants caa 
aspire to — the thanks, the commendation, and the support of intelli- 
gent constituents. 

And the Senate returned to their chamber. 

The Hon. Richard W. Thompson, President jpro tempore rose, and 
^^elivered the following valedictory address: 

Gentlemen of the Senate : 

A few days previous to the close of its last session, the Senate se- 
lected me to preside over its deliberations. That station I accepted 
with much want of confidence, and if I have been enabled to discharge 
its arduous and responsible duties to the satisfaction of the Senate, it 
is owing to that spirit of generosity and kindness which has induced 
you to disregard the most manifest imperpections, in your general 
anxiety for the public welfare. 

I now, gentlemen, surrender it into other and far abler hands, into 
which it has been placed by those who have the constitutional power 
of election, and, with much more pleasure than I accepted this chair, 
return, again to my seat amongst you. Permit me, however, gentle- 
men, to take this occasion to say, that whatever may be my condition 
in after life — into whatever sphere I may be thrown, I shall ever re- 
cur, with feelings of the most lively gratitude, to the kindness which I 
have received at yours and the hands of your predecessors. For that 
kindness, permit me to tender you my most heartfelt thanks. 

Mr. Thompson of L. then conducted the Lieutenant Governor to 
the President's chair, who addressed the Senate as follows: 



Gentlemen of the Senate: 

On an occasion like the prssent, when about to enter upon the du- 
ties of an important office, as well upon, to me a new theatre of servi- 
ces and of public life, usage and custom would seem to require of me 
the form of an address, to the body over which I am called to preside; 
and were it not that usage and custom, rather than utility, have sanc- 
tioned and required this ceremony, I should certainly have contented 
myself with entering instantly upon the discharge of my official duties, 
instead of detaining you a single moment with any remarks of mine, 
which I am sure will poorly repay the Senate or the public for the time 
spent in uttering them. 
5 



34 

It would be hypocrisy in me to assume a stoical indifference to the 
circumstances which surround me — to pretend to feel that which I do 
not feel, a competency to the discharge of the duties assigned me. 
The chair of the Senate has often been filled by able and accomplish- 
ed presiding officers, men who have discharged its duties in a manner 
highly creditable to themselves and the State, with a dignity and com- 
petency to which I would aspire, but shall not hope to attain. Encour- 
aged, however, by the indulgent character of the body, its perfect un- 
derstanding of the duties of the chair, as well as its own duties, and its 
known character for order and decorum, 1 shall with some degree of 
confidence, enter upon the duties before me, knowing that 1 shall be 
aided and sustained by your kindness and intelligence. The duties of 
the Senate are more diversified than those of any other department or 
appendage of the Government. They are in their advisory powers, 
over appointments which have of late years become more numerous 
than formerly, executive in their character, and in the articles of im- 
peachment, the Senate are called to exercise the highest judicial au- 
thority. This body then partakes in its character, of all the three De- 
partments of the Government — Legislative, Executive, and Judicial. 
We are solemnly charged with duties the most grave and important, 
intimately connected with the liberties of the citizens, and the prosper- 
ity of the State. And well may we feel the weight of much responsi- 
bility, when on entering upon these duties, we lift our hands to Heaven 
and call the Searcher of all hearts to witness the purity of our inten- 
tions, and the manner in which we shall continue to discharge them. 

It would also De uugrateiui in mc tw jjocq bj without notice, on this 
occasion, the highly flattering circumstances in which I have been call- 
ed to the station before me. The approving and selecting voice of our 
fellow-citizens, is no less cheering and consoling lo the man in civil em- 
ployment, than to the soldier who has fought and bled for the liberties 
of his country. 

It is as necessary for the one as for the other. But in a time of great 
political discord and strife, both in regard Jo the administration of the 
General Government and that of the State, to be called by so decided 
a voice to the second office of the State, is an honor more signal than I 
had any right to expect — a distinction for which I shall ever feel grate- 
ful, and which I shall endeavor to repay by the most faithful discharge 
of the duties required of me. My election was not the offspring of 
party, and my official conduct shall, I trust, prove that I have other and 
higher views, than the interests of party, in the discharge of all my offi- 
cial duties. The subject of our internal improvements, is one which 
more deeply than any other agitates the State. On this subject, my 
opinions belong to the public, and I have nothing to conceal. I con- 
sider the State committed to a system of internal improvements more 
broad and expansive indeed, than I could wish; but the State is in a 
position from which she cannot retreat but with great dishonor, and if 
possible, greater loss. The credit of the State must be maintained. 
Her resources must be carefully husbanded; her public works pushed 
forward with energy, but with the greatest economy; finishing in the 



35 

shortest possible time, the works that will be the most productive, and 
that will relieve the State from charge, progressing, however, with all, 
in the observance of that public faith, which our acts and our legisla- 
tion have heretofore inspired. There are, it is true, among us a large 
number of our citizens, men of unquestioned integrity and intelligence, 
who look to our system of improvements as an evil of great magnitude, 
as too heavy to be borne — one from which we shall never see ourselves 
released, and which will transmit to posterity a debt which the present 
generation will be unable to pay. It is our duty to respect these opin- 
ions and these fears, and indeed to participate in them so far as may be 
required by the strictest caution and care. 

This however, is the gloomy side of the picture, and although cau- 
tion is always the parent of security, yet when we look to the history 
of such public works as we have undertaken, and to the condition of 
the neighboring States which have constructed them, we see none of 
the evils fancied. We see a tide of unexampled prosperity rolling in 
upon them, and bearing them along with it to still higher elevationof 
greatness and prosperity. We see other states who have gone before 
us, in this path of enterprise and industry, outstripping their neigh- 
bors in commerce and in wealth, and in every thing which marks the 
way of national greatness in a State. Let usnottnenbe discouraged 
by the magnitude of our undertakings, but in the true spirit of chival- 
ry press forward, and the honor we shall achieve will be proportionate 
to the obstacles we have overcome and the extent of that we may 
have accomplished. A few years will complete the Wabash and 
Erie Canal, and we shall have an inland navigation uniting the Missis- 
sissippi and the Northern Lakes, a work more useful, more splendid 
and important than any other on the American continent; a work ap- 
propriately our own and tobe achieved by no other hand because it is 
chiefly located within our border and could be located no where else. 

This work cannot fail to be highly beneficial and creditable to the 
State, and aided as we have been by the General Government in the 
construction of this primary work, it can never be classed among those 
which have been burdensome to the State. The time, too, cannot be 
far distant when we shall have an easy communication between the 
Ohio River and Lake Michigin by means of a Railroad or Turnpike, 
as well as the completion of many other works of much importance 
contemplated by our Legislature on this subject. 

Our State is increasing with unparailelled rapipity in population 
and wealth. We are already ample in our resources, rich in the 
healthfulness of our climate, the fertility of our soil and our produc- 
tions; in the national highways of commerce, the navigation of our 
rivers, and richer still in the labor, industry, and enterprize, of our 
intelligent and virtuous population. In political power we shall prob- 
ably at the census of 1840 take the fifth rank among the States. Let 
usthen improve the advantages we have. Let us nurture and cherish 
our resources. Let us vie with each other only for the public good. 
Let our combinations be to promote the best interests of the State; and 
our polar star Iht rising greatness of Indiana. Every view we can 



36 

take of our present condition and further prosperity enlarges our con- 
ception of the value of our Federal Union. The Union desolved and 
what would be the condition of these States? They would be a group 
of proud and towering Sovereignties, acknowledging no superiors, 
bound by no common interests, having no arbiter of rights, but each 
ready to draw the sword in defence of its own, or if ambition should 
prevail, to usurp those of a rival neighbor. Tiie States on the sea- 
board would shut out those of the interior from all participation in 
foreign commerce. They would proudly call the ocean their own, 
and levy heavy contributions on the "commerce among the States." 
Louisiana would shut us out from the Gulf of Mexico, and New York 
and Pennsylvania would cut us off in that section from the sea. We 
should not even have the right guarantied by former treaty with 
Spain, of a place of deposit at New Orleans. Let us cling then to 
the Union of the States as the anchor of our hope both for the peace 
and prosperity of the country. 
On motion, 
The Senate adjourned. 



THURSDAY MORNING, Dkc. 7. 

Senate assembled. 

The following message was received from the House of Represen- 
tatives by Mr. Elliott their Clerk: 

Mr. President — 

The House of Representatives have reciprocated the resolution of 
the Senate, appointing a committee cf two members on the part of the 
Senate, to act with asimilar committee to be appointed on the part of 
the House of Representatives, to invite the Rev. James Havens to 
unite with both branches of the General Assembly, in the hall of the 
House of Representatives, at 10 o'clock this morning, in offering to 
the Supreme Ruler of Nations our devout acknowledgments of Grati- 
tude for past blessings, and our Awmfe/e supplication for their continu- 
ance. 

Messrs. Jones and Carleton are appointed the committee on the 
part of the House of Representatives. 

Mr. Vawter of the Committee appointed for that purpose offered 
the following report: 

Mr. President — 

The joint committee appointed to wait on the Rev. Mr. Havens, 
minister of the Gospel, and invite him to attend in the hall of the 



37 

House of Representative this day and offer up devout thanksgiving 
and prayer to Almighty God, in behalf of the members of this Gene- 
ral Assembly, have performed that duty, and have received for an- 
swer that he will attend at the hour of 10 o'clock this morning, in the 
Representatives Hall in compliance with the resolution of the two 
Houses. 

Mr. Thompson of Perry, offered the following resolution. 

Resolved, That the Senate will (ihe House pf Representatives con- 
curring therein,) proceed, on Friday next, at 10 o'clock, A. M. to the 
election of a Treasurer of State, Auditor of Public Accounts, of a 
Circuit Judge in the 1st, 2d, and 3d, Judicial Circuits; also to the 
election of a Prosecuting Attorney for the Ist, 3d, and 7th, Judicial 
Circuits, and that the House of Representatives be informed of the 
adoption of this resolution and their concurrence requested. 

On motion of Mr. Clark, said resolution was laid upon the tbale. 

Leave being granted, 

Mr. Morgan of R-isb, introduced abill (No. 1) to repeal a part of 
the "Act entitled an act to provide for the election of United States' 
Senators and for other purposes — approved Feb. 3d, 1837. 

On motion of Mr. Smith, it was ordered that the rules of the Sen- 
ate be dispensed with, and the bill read a second time now. Where- 
upon the bill was read a second time. 

On motion of Mr. Smith, the bill was amended by striking out the 
words, "except so much thereof as relates to the election of United 
States' Senator." 

On motion of Mr. Morgan of Rush, it was ordered that the rules of 
the Senate be further dispensed with—the bill be considered as en- 
grossed and read a third time now. 

And, on the question, shall the bill pass? The ayes and noes were cal- 
led for; 

Those zvho voted in the Affirmalive are, 

Messrs. Bell, Brady, Chambers, Cole, Dunn, Elliott, Finch, Hackett, 
Little, Moore, Morgan of Decatur, Morgan of Rush, Mount, Puett, 
Sigler, Smith, Stafford, Stanford, Stewart, Terman, Thompson of 
Johnson, Tuley, Walker, Watts of Dearborn, Watt of Union, and 
Vawter— 26^ 

Those zoho voted in the JVegative are, 

Messrs. Baird of St. Joseph, Beard of Montgomery, Bradbury, Ca- 
sey, Cathcart, Clark, Crawford, Daily, Dobson, Dunning, Ewing, Ken- 
nedy, Mitchell, Moffitt, Thompson of Lawrence, Thompson of Perry, 
and Trask— 17. 

And so the bill was passed. 

On motion of Mr. Morgan of Rush, the title to the bill was amend- 
ed by striking out the words "a part of." 

Ordered that the House of Representatives be informed of the pas- 
sage of the bill, and their concurrence requested. 

Mr. Thompson of Perry, offered the following resolution: 



38 

Resolved, That the Senate will, (the House of Representatives con- 
curring therein) proceed, on Friday next at 10 o'clock, A. M. to the 
election, of a Treasurer of State, and an Auditor of Public Acconnts, 
to fill the vacancies occasioned by the expiration of the term of ser- 
vice of the present incumbents — and that the Secretary inform the 
House of the adoption of this resolution. 

On motion, ordered to lie on the table. 

The following message was received from the House of Represen- 
tatives, by Mr. Elliott their clerk: 

Mr. President — 

The House of Representatives have adopted the following resolu- 
tion: 

Resolved, That the Senate be invited to attend in the hall of the 
House of Representative instanter, to hear the Rev. James Havens 
offer up to the throne of grace solemn prayer in behalf of the Gener- 
al Assembly, and that seats be provided for them on the right of the 
Speaker's chair. 

Whereupon the Senate repaired to the hall of the House of Rep- 
resentatives, where a solemn and appropriate prayer, was offered up 
to the throne of grace by the Rev. James Havens. 

And the Senate returned to their chamber. 

On motion of Mi. ClorU, tko following rcoolutlon was adopted. 
Resolved, That when the Senate next adjourns it will adjourn, to 
meet on to-morrow morning at the usual hour. 
And on motion the Senate adjourned. 



FRIDAY MORNING, Dec. 8. 

Senate assembled. 

The President announced to the Senate the following Standing 
Committees. 

ON ELECTIONS, 

Messrs. Smith, Chambers, Brady, Green, Moore, Terman, Little 
Hoagland, Crawford, Stewart, and Bowen. 

ON WAYS AND MEANS. 

Messrs. Elliott, Morgan of Rush, Watt of Union, Walker, Finch, 
Moffatt, Puett, Tuley, Dobson, Walts of Dearborn, Cathcart, and 
Vawter. 



39 

ON THE JUDICIARY. 

Messrs. ThompsonofL., Thompson ofP.,Colerick, Dunning, Hack- 
ctf, Kennedy, Baird of St. J., Elliott, and Finch. 



ON EDUCATION. 

Messrs. Dunning, Trask, Ewing, Thompson of P., Dobson, Cole, 
Stanford, Smith, Mitchell, Stafiord, Vawter, Baird of St. J., Moffatt, 
and Bowen. 

ON MILLITARY AFFAIRS. 

Messrs. Morgan of R„ Morgan of D., Bell, Ewing, Stewart, Casey, 
'1 uley. Smith, Sigler, Crawford, Cole, Green, and Watts of D. 

ON ROADS. 

Messrs. Beard of M., Daily, Cole, Green, Chambers, Moore, Cath- 
cart, Hoagland, Stafford, Terman, and Watts of D. 

ON CANALS AND INTERNAL IMPROVEMENTS. 

Messrs. Clark, Beard of M-, Sigler, Thompson of L., Dunn, Hack- 
ett, Casey, Mitchell, Bell, Thompson of J., Colerick, Bradbury, Mor- 
gan of R., and Mount. 

ON THE TOWN OF INDIANAPOLIS. 

Messrs. Brady, Little, Puett, Thompson of J., Walker, Trask, Mount, 
Stanford, Puett, Kennedy, Watt of U., and Dobson. 

ON CLAIMS. 

Messrs. Sigler, Bradbury, Walker, Mount, Dunn, Daily, Stafford, 
Stanford, Cole, Casey, Hackett, and Bowen. 

ON STATE PRISON. 

Messrs. Daily, Hoagland, Vawter, Mitchell, Watt of U., Green, 
Brady, Thompson of J.,Trask, Cathcart, Tuley, and Terman. 

ON UNFINISHED BUSINESS. 

Messrs. Kennedy, Bradbury, Smith, Cathcart, and Moore. 

ON STATE LIBRARY, 

Messrs. Thompson of P., Finch, Bowen, Chambers, Bell, Baird of 
St. J., Colerick, Clark, Daily, Dunning, Dobson, and Elliott. 

ON PUBLIC BUILDINGS. 

Messrs. Walker, Little, Stewart, Terman, Watts of D., Morgan of 
D., Bowen, Kennedy, Crawford, and Moffat. 

ON THE STATE BANK. 

Messrs. Vawter, Moffatt, Tuley, Elliott, Dunn, Clark, Thompson of 
L., Baird of St. J., Beard of M., and Morgan of R. 



40 

ON THE CANAL FUND. 

Messrs. Colerick, Mitchell, Clark, Staflford, Thompson of L., 
Thompson of P.,Sigler, and Hacketf. 

ON AGRICULTURE. 

Messrs. Stewart, Little, Beird of M., Hoagland, Crawford, Watt of 
U., Tuley, Brady, Bradbury, Chambers, Morgan of D., Daily, and 
Mount. 

ON CORPORATIONS. 

Messrs. Thompson of P., Kennedy, Thompson of J., Dunn, Casey, 
Moore, Puett, Smith,*Dunning^ and Finch. 

ON ENROLLED BILLS. 

Messrs. Stanford, and Ewing. 

The President then announced to the Senate the following as the 
order of business to be observed during the present session untilchan- 
ged by the Senate, viz: 

1. Reading of the Journal. 

2. Petitions, Memorials, and Remonstrances. 

3. Reports from Standing Committees, as follows, to wit: 

1. On Elections. 

2. On Ways and Means. 

3. On the Judiciary. 

4. On Eduocvtlon, 

5. On Military Affairs. 

6. On Roads. 

7. On Canals and Internal Improvements. 

8. On the Town of Indianapolis. 

9. On Claims. 

10. On the State Prison. 

11. On the State Library. 

12. On Public Buildings. 

13. On the State Bank: 

14. On the Canal Fund. 

15. On Agriculture. 

16. On Corporations. 

17. On Unfinished business. 

4. Reports from Select Committees. 
6. Resolutions of the Senate. 

6. Joint Resolutions. 

7. Bills. 

8. Orders of the Day. 

The committee on Enrolled bills is not restricted by the preceding 
Rules, but may report at any time. 

The President laid before the Senate the following annual report of 
the Treasurer of State: 



41 

Hod. David Hillis, 

President of the Senate. 
Herewith are transmitted to be laid before the Senate, 1st. The 
Treasurer's Report of the general state of the Treasury. 

2d. The Loan Office Report. Statement A presenting the opera- 
tions of that department in reference to the College Fund. State- 
ment B, the Saline Fund, and statement C, the Congressional Town- 
ship Fund. 

The items of the Contingent Fund. 

A bill of the purchase and cost of Stationary. 

N. B. PALMER, 

Treasurer of State. 
Treasurer's Office, 7th ec. 1837. 



]\o 1. 



Treasury Department,^ 
Indianapolis^ 1th Dec. 1 837. 
The Treasurer of State, in obedience to the directions of the "Act 
concerning the Auditor of Public Accounts, and Treasurer of State," 
submits the following report of the Revenue and Expenditures of the 
State, and the operations of ihpt 1 ,oan Offlp©, <Src. from the 1st of De- 
cember, 1836, to the 30th of November, 1837, both inclusive. 
Receipts duriug the fiscal year from revenue: 

of 1836 
« « « « « 1837 

Rents paid by Superintendant of State Prison 
Lots, &:c. at Indianapolis 
From sales of Michigan Road Lands 
Estates without heirs 
Incidental payments 

The receipts and credits in the College branch of 

the Loan office department have been, — 
Balance of this fund on hand at last report 963 36 

Received from William Alexander, commissioner 

of Reserve township in Monroe county 1,677 92 

James Smith commissioner in Gibson county 383 00 

Loans refunded 8,815 62 

Interest on Loans 3,802 37 

The amount paid into the Treasury of Saline fund, 

appertaining to the Loan office, has been from 

Andrew Wilson, commissioner of Saline lands 

in Orange county 1,754 17 

Henry Young, commissioner of Washington Co. 1,173 13 

6 



60,081 


88 


4,355 


35 


700 00 




800 00 




4,346 17 




63 50 




511 50 


17 



42 

Milton M'Phetridge « Monroe Co. 435 95 
Loans refunded 1»720 00 
Interest on loans 1,599 30 
Amount overpaid the present year by the Treasu- 
rer of State 5,123 75 

$98,20697 

The Expenditures and Liabilities of the Treasury during Ihe^same 

period have been — 
Over payments made by Treasurer of State dur- 
ing the financial year of 1836, on account of 
the Treasury proper $'6,151 30 

Pay and mileage of members of the Legislature, 

including clerks, doorkeepers, &c. 24,379 24 

Printing and Stationary 9,024 56 

Specific appropriations 5,321 45 

Contingent expenses 1,017 52 

Premium on wolf scalps 412 50 

Pay of Probate Judges 3,196 50 

« Executive officers 2,999 00 

" Judges of Supreme and Circuit Courts 9,558 39 

" Circuit Prosecutors 1,344 62 

" Adjutant and Quartermaster Generals 208 33 

Payments on account of State House 6,641 51 

« State Library 301 29 

« State Prison 874 62 

« Presidential election 312 02 

Estates without heirs refunded 28 28 

Michigan Road Scrip redeemed 3,831 00 

Michigan Road 980 19 

School moneys refunded 575 09 

Geoligical Survey 666 78 

The disbursements on account of the College 

branch of Loan office have been — 
Payment on account of Indiana College, including 

incidental expenses of Loan office 4,650 19 

Loans of College Fund 10,243 50 

Payments and liabilities on account of Saline fund 
subject to the Loan office laws, are — 

Over payments in 1836 77 67 

Loans of Saline Fund 6,140 00 

SaUne Fund expenses 263 42 

21,374 78 

$98,206 97 
Warrants outstanding — No. 2068 State Prison $ 37 50 
No. 2544 Judiciarv 375 00 



43 

The Treasurer of State submits the following estimate of the Receipts 

and Expenditures for the year 1838: 
Revenue of former years ^ 1,000 00 

Revenue of 1837 146,000 00 

Rents from superintendent of State Prison 1,000 00 

Making the total available means for 1 838 S 148,000 00 

The expenses will be, — as estimated below: 



For salaries of Judges and Prosecutors, 


$14,900 00 


Executive officers, 


3,200 00 


Printing, stationary and distributing laws, 


9,000 90 


Legislature, 


35,000 00 


Contingent and specific appropriations, 


5,500 00 


Probate Judges, 


4,000 00 


Wolf scalps, 


700 00 


State prison. 


1,000 00 


State Library, 


350 00 


Adjutant and Quarter master Generals, 


150 00 


State House, 


1,200 00 


Geological Survey, 


1,500 00 




76,500 00 



To which may be added the following liabilities of 

the Treasury, viz: 

Over payments by the Treasurer, $5,123 75 

Unaudited claims, 12,000 00 

College fund in Treasury, 648 58 

Saline " " 201 46 

Estates without heirs, 1,878 38 

Conscientious fines to be distributed, 543 00 



20,395 17 
$96,895 17 



Leaving an estimated balance over the expenditures of 1838, of 
^51,104 83. 

The main portion of this balance will be paid over to the Fund 
Commissioners, under the act of last session, to be applied to the pay- 
ment of interest on the State loans. 

The revenue due and payable at the Treasury since my last annual 
report, has been paid into this department by the various collecting 
otficers, with the same promptitude which has been so creditable to 
them for the several past years. 

The nett amount of revenue of 1836, agreeably to the assessment 
returns made to the Auditor of Public Accounts by the different clerks, 
was $57,366 91. 

It will be seen by this report that the amount of revenue of that 
year, actually paid into the Treasury, is $60,54! 88; exceeding the 
assessment return $3,173 97, besides the amount of $1,360 96 yet 
due from collectors, making in all, the amount of ^4,534 93 of reve- 
nue over the amount of assessments. 



44 

This fact, Dot only proves the faithful and assiduous discharge of du- 
ty by collecting officers, but also, makes manifest the imperfect char- 
acter of our revenue laws in reference to assessments, or great care- 
lessness and neglect in the officers having charge of that duty. 

The amount of revenue lost to the Treasury annually, by these par- 
tial and imperfect assessments, exceeds, no doubt, one-tenth of the 
whole amount of the actual assessments. 

This loss to the Treasury, together with the fact, that great injus- 
tice is consequent upon such partial exactions from our citizens, would 
seem to call aloud for such amendments to our reveTiue laws, as will, 
in the future, obviate the difficulty complained of. It is respectfully 
submitted to the General Assembly, whether it would not be advisable 
to authorize triennial assessments; subjecting the several counties at 
each triennial year, to such thorough and searching survey, by a prin- 
cipal and two assistant assessors, as would insure a full and perfect as- 
sessment of all the property, together with an equitable and uniform 
valuation of the same. 

The additional expense may herhaps, be regarded as as objection; 
but when it is considered that the expense of assessments for the two 
years intervening the triennial assessments, would be much less than 
at present, (the changes and transfers of property being only necessary 
to be noted,) would make the aggregate expense not much, if any, 
greater than at present. 

The amount of revenue of 1837, exclusive of that portion which 
is directed by law to be paid over to the Fund Commissioners, will 
probably be adquate to all the demands upon the Treasury the com- 
ing year, including the deficit of the past year, and leave a balance 
in the Treasury to be carried to the credit of 1839, of about fourteen 
thousand dollars. 

The rapidly increasing population and wealth of the State, has 
swelled the amount of assessments considerably above what had been 
anticipated, and which will bring into the Treasury a corresponding 
increase of revenue. 

It will be seen that the payments from the Treasury the present 
year, exceed the current available means by the sum of ^5,123 75. 
This, with the amount of unaudited claims, supposed to amount to 
about ^12,000, will make an aggregate deficit at the commencement 
pf the financial year 1838 of $17,123 75. 

There has been received from the United States on deposite, the 
sum of $860,254 44. Of this amount, I have disbursed to the loan- 
ing agents of the several counties, the sum of $567,126 16 — being 
the entire amount of the two first instalments, except the sum of six 
thousand three hundred seventy-six dollars and eighty cents, not call- 
ed for by the counties, and which has been loaned agreeably to law. 
The third instalment, being §286,751 48 has been paid over to the 
Commissioners of the Sinking Fund, as was directed in the event of 
the non-establishment of additional branches of the State Bank. A 
statement and abstract of the condition of this fund, and the opera- 
tions of the several loaning agents, will be made the subject of a sepa- 
rate communication. 



45 

The operations of all the departments of the loan office, continue 
to manifest the admirable character of the laws which govern their 
action. 

The prompt payment of interest on loans, and the refunding such 
loans as become due has been such the past year, that no necessity has 
existed for advertising for delinquency in any case. 

A large majority of the loans are now at nine per cent, interest; at 
which rate, although regarded high, applications are made for loana 
far beyond the current accumulating amounts to be loaned. 

The expenditures on account of the State House will amount the 
present year to about ^2,500. 

The main items of expense have been, continuation and completing 
the grade — shelving, carpeting, and furnishing the Library rooms — 
carpeting the committee rooms — painting the fence — repairing the 
roof, &c. 

Among the payments under this head, have also been, for a consid- 
erable amount of the expenses attendant upon the last session of the 
General Assembly, left unprovided for in the specific appropriation 
bill, on account of a belief of the necessity of greater scrutiny in refer- 
ence to the claims presented. 

The roof of the State House was greatly injured by a violent torna- 
do which occurred in May last, which took oflfa portion of the zinc 
covering and otherwise injured the building, all of which has been re- 
paired ; but it is doubtful whether the building can be preserved, with- 
out an entire new roof; the present one having been from the first very 
deficient and imperfect. 

A detailed statement of the various items ofexpenditure will be 
shortly laid before the Legislature. 

All of which is respectfully submitted. 

N. B. PALMER, 

Treasurer of State. 



No. 2. 

STATEMENM A— COLLEGE FUND. 

REPORT of the Operations of the College Fund, from the 1st De- 
cember, 1836, to the 30lh November, 1837. 

RECEIPTS. 
Cash on hand at last report $963 36 

Received from William Alexander, Commissioner of Re- 
served Township in Monroe county 1,577 92 
Received from James Smith, Commissioner of Reserved 

Township in Gibson county 383 00 



46 



Loans refunded 8,815 62 

Interest on Loans 3,802 37 



15,542 27 

CONTRA. 

Amount of Loans as per list accompanying ^10,243 50 

State Seminary, including incidental expenses 4,650 19 

Cash on band 648 58 



15,542 27 



STATEMENT B— SALINE FUND. 

REPORT of the Operations of the Saline Fund, from the 1st Decem- 
ber .1836, to 30th November 1837. 

RECEIPTS. 
Received from Andrew Wilson, Commissioner of Saline 
Lands in Orange county 
" from Henrj- Young, Commissioner of Saline Lands 

in Washington county 
" from Milton McPhetridge, Commissioner Saline 
Lands in Monroe county 
Loans refunded 
Interest on Loans 



CONTRA. 

Amount overloaned last year 

Amount of Loans as per list accompanying 

Saline Fund expenses 

Cash on hand 



$1,754 


17 


^ands 




1,173 


13 


laline 




435 


95 


1,720 


00 


1,599 


30 


6,682 


55 


f77 


67 


6,140 


00 


263 


42 


201 


46 


6,682 


55 



47 

STATEMENT C— CONGRESSIONAL TOWNSHIP FUND. 

REPORT of ihe Operations of the Congressional Township Fund, 
from the 1st December 1836, to 30th November 1837. 

Received from School Commissioner, Ripley county 
Interest on Loan 



CONTRA. 
Amount overloaned last year 

Amount paid School Commissioner of Ripley county 
Incidental expenses 
Cash on hand 



#283 
99 


00 
00 


384 


00 


$27 
41 
19 

295 


76 
23 
09 
92 


384 


00 



A Last of Borrowers of the College Fund, 

Samuel Shaul, ^500 00 

John Smith lOO 00 

Michael Mitchell lOO 00 

Miles «& Basalell Hunt 750 OO 

Levris W. Hunt 500 00 

William Hunt 500 00 

E. AVood & B. Hunt 500 00 

Aaron Thompson 500 00 

Moses B. Portlock 175 OO 

Elijah Vice 125 00 

Henry Wikoff 150 qO 

James Bobbit lOO 00 

George Teague 500 00 

Daniel B. McMillan lOO 07 

Jonathan Hougham 300 00 

Peter Lennen 400 00 

Samuel Lennen 300 00 

Ebenezer Cross 200 00 

William H. Darnell 500 OO 

Samuel Duke 50 00 

Elias C. Baldwin 400 00 

Joseph J. Boon 300 00 

James Bates 87 50 

John Derrickson 106 00 



48 



James M. Nickol 
John W. Cox 
Elias N. Shiner 
Erasmus Powell 
James Gregory 
James Etter 
Henry Wyman 
George Kingrey 
Samuel Merrill 
Samuel Mathers 



150 00 


200 


00 


150 


00 


300 


00 


200 


00 


200 


00 


500 


00 


300 


00 


500 


00 


500 


00 


S10,243 


50 



A Last of BoJ'rozoers of the Saline Fund. 

Jacob Dearinger lOO 00 

John Myers ' 500 00 

Jesse T, Matlock 500 00 

William C. Davis 150 00 

John S. Keith 300 00 

Levi Leary lOO 00 

Ira Kingsbury 200 00 

Samuel Chambers 210 00 

Philip M'Clain 200 00 

Richard Watts 30 00 

Ambrose P. Stone 500 00 

William Heaton 500 00 

John Jenison 250 00 

John Dunn [ , 250 00 

Zachariah Collins ' ^qq qq 

J. Standeiord & D. Sigler 500 00 

Harry D. Huntingdon 200 00 

Milton Coffin 300 00 

George Choderick 200 00 

Theodore V. Denny, 350 00 

Robert C. Wishard 300 00 



$6,140 00 



Contingent\Expenses from \st December, 1836, to 30/A J^ovemher, 1837. 

Paid C. Gordon, commission and storage of arms ^12 00 

« J. G. Clendenin, do do 10 37 

« Henry Dooley do do 23 00 

" John Cain for postage . 76 77 



49 

" John Myers for transportation and storJtge of arms 

" Stacy & Williams Stationary for Secretary's office 

" D. W. Noe, services as Assistant Door-keeper of Senate 

" R. Schoonover, Transportation of Arms 

" C. C. Palmer, for arranging archives of H. R, 

" Frederick Folts, painting signs for State House 

" J. M. Moore & Co. for Stationary 

" C. & J. Cox, for repairs on Governor's House 

" John Cain, for Postage 

" Wm. Sheets, his expenses in attending the transfer of 

the State Prison 

" W.J. Brown, Stationary for Secretary's office 

" Douglass & Noel for Printing 

" Black & Ball, Transportation of arms 

" Landis &, Morris, Stationary for Auditor's office 

" S. C. Stevens, services in Saline Land Suit in Dear- 
born county 

" Bery Percell, Transportation of Arms 

" L. W. Johnson, transportation of Public Documents 

" John Cain for Postage 

" Wm. Tate, Transportation and Storage of Arms 

« Underhill fc Willets, for Gate Balls 

" R. & V. C. Hanna, Stationary for Public Offices 

« T. M. Smith, " « " 

" Samuel Wilson, Transportion of Arms 

" Hazlett & Wilson, White Lead for Governor's Circle 

« W. Y. Wylie, Stationary for Secretary's office 

" Frederick Folts, Signs for Offices of Auditor and Se- 
cretary of State 

« Seibert & Buehler, White Lead for Governor's Circle 

" J. B. Mix, Services in Geological Survey 

<« John Cain, for Postage 

" W. J. Brown transportation of Books for State Library 

" Jenison &, Nourse, Binding Books for Auditor's office 

*• John Matthews, Transportation 

" H. Porter & Co. for Stationary 

" Douglass Maguire, Governors' private Secretary 



18 50 


15 75 


13 50 


7 75 


4 00 


76 00 


5 38 


12 56 


116 76 


32 00 


2 87 


31 84 


16 75 


3 19 


50 00 


35 82 


7 20 


111 20 


27 22 


2 04 


14 87 


5 00 


1 37 


34 43 


14 31 


6 00 


11 25 


5 00 


121 64 


15 75 


7 75 


10 75 


6 93 


50 00 



^1,017 52 



Amount paid by the Treasurer for Stationary, Carriage^ S^c, from De- 
cember \st, 1836, to JVovember 30iA, 1837. 

Bought of M'Clelland & York, Candles for 1836 $72 38 

Bought of Sheets &/■ Grover, 

10 Reams Flat Cap, No. 1. $3 50 35 00 

2 do heavy Folio Post 10 00 20 00 

7 



50 

200 do Royal No. 3 4 00 

150 do do No. 3 3 50 

20 Boxes 
David Vestal, Transportation 
William Robbins, do 
Isaac Lawrence, do 
Bought of Leeds & Jones, 

120 Reams Royal No. 4 3 25 

Carriage on same 
Bought of W. R. Beach, 
20 doz. Cotton Tape 16 
20 Ps. Ribbon 25 

Bought of Wm. Proctor & Co. 
440 lbs. mould Candles 
lO boxes 
Bought of A. Hart, 3 cards Steel Pens 
James Gibson, Transportation 
James Piercy do 

S. S. Gillet, freight 
R. &c V. C. Hanna, for Stationary 
John Matthews, Transportation 



The President also laid before the Senate a report from the Presi- 
dent Directors & Co. of the New Albany Branch Bank; which was, 

On motion of Mr. Colerick, relerred to me committee on the State 
Bank. 

On motion of Mr. Clark, 

Resolved, That two hundred copies of the list of standing committees 
and order for business, be printed for the use of the Senate. 
On motion of Mr. Clark, 

Resolved, That 2000 copies of the Inaugural Address of His Excel- 
lency, Gov. Wallace, be printed for the use of the Senate. 

Mr. Stewart presented the petition of George Flower and others, 
praying the relocation of the state road from the Gibson county line, 
&c.. 

Which, being read, was referred to the committee on roads. 

Mr. Crawford presented the petition of James Davis and others, 
praying the location of a state road, beginning at the Fort Wayne 
state road, &c.. 

Which being read, was referred to the committee on roads. 

Mr. Crawford presented the petition of Jacob Russel and others, 
praying the location of a state road beginning at Jamestown, Elkhart 
county, thence to Plymouth, county seat of Marshall county, &c. 

Which being read, was referred to the committee on roads. 

The following message was received from the House of Represen- 
tatives by Mr. Elliott their clerk. ^ 



800 00 


525 00 


20 00 


47 56 


46 74 


39 00 


390 00 


30 00 


3 33 


5 GO 


37 20 


2 50 


3 50 


6 82 


2 00 


1 50 


20 56 


18 50 


$2,529 59 



51 
Mr. President — 

The House of Representatives have adopted the following resolu- 
tion: 

Resolved^ That this House Will, (the Senate concurring therein) 
proceed to the election of President Judges of the 1st, 2d, and 3d ju- 
dicial circuits of the State of Indiana; and Prosecuting Attorneys for 
the 1st and 3d Judicial Circuits — Treasurer of State, and Auditor of 
Public Accounts, on Friday instant at 10 oclock A. M.. 
On motion, laid upon the table. 
On motion of Mr. Clark, 

Resolved, That the credentials of the newly elected Senators, be re- 
ferred to the standing committee on elections. 

The following message was received from the House of Representa- 
tives by Mr. Elliott, their clerk: 

Mr. President — 

The House of Representatives have passed the engrossed bill of the 
Senate, entitled, 

No. 1. An act to repeal an act to provide for the election of United 
States Senator, and for other purposes, approved February 3, 1837, 
with one amendment, in which the concurrence of the Senate is re- 
quested. 

On motion of Mr. Little, the amendment of the House of Repre- 
sentatives to the said bill, was concurred in by the Senate. 
On motionofMr. Colerlck. 

Resolved, That the Treasurer and Auditor of State be requested to 
lay before the Senate a schedule shewing the whole amount of their 
respective salaries, under all laws or parts of laws, whether fixed by 
law or depending on contingencies, as well as fees, so as to exhibit the 
whole amount they respectively receive, as such officers. 

Mr. Thompson of L. gave notice that, on tomorrow, he would move 
to amend the standing rule of the Senate in relation to the appoint- 
ment of the committee of canals and internal improvements, so as to 
add the Senator from St. Josephs to that committee. 

Mr. Morgan of R., also gave notice that he would move to add the 
Senator from Ripley to said committee. 
On motion of Mr. Ewing, 

Resolved, That the Board of Internal Improvements now in session, 
be required to furnish the Senate, at as early a day as practicable with 
an expose of the proceedings had by said Board, in carrying out the 
provisions of the act of the Legislature, entitled an act to provide for 
a lock in the pool dam near Delphi, approved, February 2, 1837. 
On motion of Mr- Ewing, 

Eesolvcd, That the Board of Internal Improvement be and they are 
hereby required to report to this Senate at as early a day as is practi- 
cable, the result of the late survey made by said Board on the Michi- 
gan Road, in conformity with an act of the Legislature, entitled an act 



52 

to provide for the improvement of the Michigan Road north oi iiju»i.i,a* 
polis and for other purposes, approved, February 2d, 1837; and if said 
report cannot be made without delay, that said Board be requested to 
advise the Senate of the causes of the delay ; 

Mr. Dobson oflTered the following resolution: 

Resolved, That numbers of the standing rules of the Se- 

nate, together with the Joint Rules be printed for the use of the mem- 
bers of Senate; 

Which resolution was referred to a select committee composed of 
Messrs. Dobson, Morgan, & Thompson of L. 
On motion of Mr. Baird of St. Jos. 

Resolved, That the committee upon the Judiciary be instructed to 
inquire into the expediency of requiring prosecuting witnesses to pay 
costs in cases of misdemeanors where there is a failure of conviction; 
with leave to report by bill or otherwise. 

Mr. Dunning, on leave being granted, introduced a bill, No. 2, "to 
provide for the division of the 7th and the formation of the lOth judi- 
cial circuits, and for other purposes;" 

Which being read a first and second time by consent, was, 
On motion of Mr. Dobson, referred to a select committee. 

Ordered, That Messrs. Dunning, Dobson, Moffitt, Moore, Slgler, 
Thompson of L.,and Turman, be that committee. 

Mr. Thompson of L., on leave being granted, introduced a bill No. 
3, legalizing certain proceedings in relation to certain school lands and 
school trustees in I^awrence county;" 

Which being read a first and second time by consent, was ordered 
On motion ofJVlr. Thompson of L., to be considered as engrossed 
and passed to a third reading now. 

So said bill was read a third time now and passed- 

Ordered, That the Secretary inform the House of Repjesentatives 
of the passage thereof, and request their concurrence. 

And on motion the Senate adjourned. 



2 o'clock, P. M 

Senate assembled. 

Mr. Stanford of the joint committee on enrolled bills, now report: 

Mr. President — 

The joint committee on enrolled bills now report, that they have 
compared the enrolled with the engrossed bill of the Senate, 

No. I, entitled an act to repeal an act entitled an act to provide for 
the election of United States' Senator and for other purposes, approv- 
ed Feb. 3, 1837, 



xxiiu and the same truly enrolled. 

Mr. Mitchell offered the following resolution: 

Resolved, That the committee on education be instructed to report 
a bill constituting the Indiana College "A State University," with 
power and privileges commensurate with the dignity and importance 
of the State. 

On motion of Mr. Clark, 

Said resolution was so amended as to instruct the committee to in- 
quire into the expediency thereof. 

The following message was received fro.;i the House of Represen- 
tatives, by Mr. Elliott their clerk: 

Mr. President — 

The House of Representatives have passed the engrossed bill of the 
Senate, 

No. 3 — An act legalizing certain proceedings m relation to certain 
Bchool lands and school trustees in Lawrence county, without amend- 
ment. 

The Speaker of the House of Representatives having signed an en- 
rolled bill of the Senate, 

No. 1 — An act to repeal an act entitled an act to provide for the 
election of United States' Senator and for other purposes, approved 
Feb. 3, 1837, 1 am directed to bring it to the Senate for the signature 
of the President thereof. 

The President having signed ttie enrolled bill referred to in the 
message, it was com.milted to the committee on enrolled bills, to be pre- 
sented to the Governor for his approval and signature. 

Mr. Vawter offered the following resolution: 

Resolved^ That the public printer be directed to print copies 

of the Journal of the Senate of the present session. 

Onlmotion, the blank was filled with 500 and adopted. 
On motion of Mr. Moffatt, 

Resolved, That the judiciary committee be requested to inquire into 
the expediency of amending the probate law in the following manner, 
viz: Requiring the judge to keep his own records as well as the books 
and papers of the court; that he keep an office open at all times for the 
transaction of business at the county seat, and as a compensation for his 
services he receive the emoluments of the office. 
On motion of Mr. Little, 

Resolved, That a select committee be appointed to inquire into the 
expediency of so amending the act for the appointment of trustees to 
receive deeds for lots on lands given or purchased for the use of schools, 
meetinghouses, or masonic lodges, so as to embrace lots given for the 
use of burying grounds. 

On motion, referred to a select committee. 

Ordered, That Messrs. Little, Thompson of P. and Ewing be that 
committee. 



54 ^ 

On motion of Mr. Thompson of Lawrence, 
Resolved, That the committee on the state library be instructed to 
inquire whether manuscript copies of the Journals of the Senate and 
House of Representatives have been preserved ; and if not that they be 
instructed to report a bill to the Senate making provision for the pres- 
ervation of the original journal, and furnishing the state printers with 
duplicates thereof. 

BIr. Ewing of the joint committee on enrolled bills now report, 

Mr. President — 

The joint committee on enrolled bills report, that they did this day 
present to his Excellency the Governor, for his approval and signature, 
the following bill, to-wit: 

No. 1 — An act to repeal an act entitled an act to provide for the 
election of United States' Senator and for other purposes, approved 
Feb. 3d, 1837. 

On motion of Mr. Smith, 

The message from the House of Representatives containing resolu- 
tion, relating to the election of judges, prosecuting attorneys and other 
officers, was taken from the table. 

Mr. Thompson of L. moved to strike out all that part which relates 
to the election of prosecuting attorneys, treasurer of state and auditor 
of public accounts. 

While the question on the amendment was pending, 

Mr. Moore moved tc\ lay thp. resolution and amendment on the table; 

Which was adopted. 

The following message was received from his Excellency Governor 
Wallace: 

Mr. President — 

I am requested by his Excellency the Governor to inform the Sen- 
ate that he did, on this day, approve and sign an act entitled, 

An act to repeal an act entitled an act to provide for the election of 
United States Senator and for other purposes, approved Feb. 3, 1837, 
which originated in the Senate; and. 
On motion, the Senate adjourned. 



55 
SATURDAY MORNING, Dec. 9. 



Senate assembled. 



The following oommunication was received from his Excellency the 
Governor: 

Executive Department,") 
Dec. 8, 1837. 5 
Hon. David Hillis, 

President of the Senate : 
Douglass Maguire is authorized to make communications from the 
Department to the Senate. 

DAVID WALLACE. 

The President laid before the Senate the following Annual Report 
from the Auditor of Public Accounts: 
On motion of Mr. Clark, 
Ordered^ That 200 copies of the same be printed. 

Auditor's Office, > 

Indianapolis, Dec, 8, 1837.5 
SIR— 
Enclosed you haye my annual report to the General Assembly. 
No. 1, is a report of the receipts and expenditures on account of 
the State for the current jear. 

No. 2, a statement in tabular form, of the assessment of the State, 
for 1837. 

Please lay them before the Senate. 

I am respectfully, sir, your ob't. serv't. 

MORRIS MORRIS, A, P, A. 



56 



In obedience to the act entitled "an act concerning the Auditor of 
lowing Report of the Receipts and Expenditures on account of the 
1837, both inclusive. 



RECEIPTS. 
There has been received at the Treasury 
since the 30th of November 1836, as fol- 
lows, to-wit: 
From the Collectors of Revenue for 183G, $60,081 88 
« « 1837, 4,355 35 



For sales of Michigan Road Lands, 4,346 17 

« Rent of State Prison, 700 00 

« Sales of Lots in Indianapolis, 800 00 

Froai Estates without known heirs, 63 50 

Incidental payments, 511 50 



$64,437 23 



(( 



« Sales of Seminary Lands, 

" Loans refunded of Seminary fund, 

" Interest on Loans of Seminary fund, 

*^ Sales of Saline Lands, 

" Loans refunded of Saline fund, 

" Interest on Saline fund loans. 



1,960 


92 


8,815 


62 


3,802 


37 


3,363 


25 


1,720 


00 


1,599 


30 



6,421 17 



14,578 91 



6,682 55 



Making the total amount of receipts for the 

current year, 92,119 86 

To this add the amount in which the Treas-^ 

ury is deficit, as appears by subtractingf * ^ ^33 ar 

the Receipts from the Expenditures of^ ' "* 

this year, j 



$97,656 11 



57 

Auditor's Office, > 
December 5, 1837. \ 
Public Accounts and Treasurer of Stale," the Auditor submits the fol- 
State of Indiana from 1st December, 1836, to the 31st November, 



EXPENDITURES. 

On the 30th of November 1836, there was a 
deficit in the Treasury (provided all claims 
audited to that date were paid) of $4,280 61 

Since the above period there has been audi- 
ted as follows, to-wit: 

For public printing, stationary, distributing 
laws, &c. 

For expenditures of last General Assembly, 

" Salaries of Executive Officers 

" " Prosecuting Attorneys, 

" " Supreme and Circuit Judges 

" Probate Judges 

« Adjutant & Qr. Master Gen'ls. 

State Geologist 






" Expenses of State House 

*' " Stafft T>ihrary 

« « State Prison 

« « Michigan Road 

« " Presidential Election 

On Account of Specific Appropriations 

« « Wolf Scalps, 

" " School money refunded toco's. 

" " Estates claimed by heirs 

" " Contingent expenses 

" •* Loansof Saline Fund 

« " Expenses of State College 

" " Loansof Seminary Funds 
Expenses of Saline Funds 



(( 4( 



Making the total amount of expenditures for' 
the current year, provided all claims audi-! 
ted have been paid, ' 

8 



$ 9,024 


56 






24,379 


24 










33,403 


80 






2,999 


00 






1,344 


62 






9,933 


39 






3,181 


50 






208 


33 






666 


78 


18,333 


fl«> 








6,641 


51 






301 


29 






912 


12 






4,819 


19 






312 


02 


12,086 


13 






5,321 


45 






412 


50 






575 09 






28 


28 






1,017 


52 










7,354 


84 






6,140 


00 






4,650 


19 






10,243 


50 






263 


42 






— 


\ 


21,297 


11 




^97,656 


11 



58 

Returns showing the amount of assessments in the respective coun- 
ties have been received from all except one. From these it will be 
seen by reference to the annexed Tabular Statement marked No. 2, 
that tne gross amount of the revenue assessed for this year, is $149,- 

445 13. 

The amount that will probably be realized to the Treasury after all 
deductions for delinquencies, commission, &c. will not vary far from 
$130,000. Of this amount, under the law of last year, setting apart 
5 cents on the $100 valuation of property, there will probably be set 
apart about $40,000, to be applied to the liquidation of the interest ac- 
cruing on our Internal Improvement loans. Leaving to the ordinary 
expenses of the Government about $90,000, 

From the 82,921 polls assessed this year, there will probably be re- 
alized about $36,500. By reference to my report of the I7th of Jan- 
uary last, it will be seen that the total amount of taxable property for 
1836, is stated at $78,589,061. The returns for this year, show the 
amount to be $98,441,063, giving an increase in the amount of the cur- 
rent year, of $19,852,002, or about 20 percent, upon last year's valu- 
ation. 

This sum being larger than was anticipated by the last General As- 
sembly, might seem to indicate theefficiency of the present mode of as- 
sessments. But by comparing the tabular statement of this, with that 
of last year, it will be seen that the assessments of this year fall far 
short of the ac^MaHncrease. 

Last year the number of acres of taxable lands returned for the 
State was 5,485,363. This year there are 6,185,714 acres returned. 

Last year there were near 300,000 acres of land, exclusive of Canal 
and Seminary lands, and such of the Sexteenth sections as were sold on 
a credit and not paid out, which escaped taxation. This year the num- 
ber is increased to near 600,000 acres, which at $5 'per acre, (an a- 
mount less than the average price per acre) amount to $3,000,000. 
The tax upon which, for state purposes alone, would be $4,500. In 
addition to this, a large amount is annually lost,both to the state and the 
respective counties, by assessors' neglecting to make a full assessment 
of the number of polls of the State. It is believed that our mode of as- 
sessing may be greatly improved. A system can be devised by which 
all the real estate may be annually assessed with but little, if any, addi- 
tional cost. Respectfully submitted, 

MORRIS MORRIS, A. P. A. 

Dr. Bowen, the Senator elect from Fountain, produced his creden- 
tials, was sworn by the Hon. Judge Wick and took his seat. 

The President laid before the Senate the Annual Report of the 
State Bank of Indiana, and Reports from its several Branches. 
"= On motion of Mr. Brady, said report from State Bank, was referred 
to the committee on State Bank, and that 500 copies of the same be 
printed for the use of the Senate. 



58 

Returns showing the amount of assessments in the respective coun- 
ties have been received from all except one. From these it will be 
seen by reference to the annexed Tabular Statement marked No. 2, 
that tne gross amount of the revenue assessed for this year, is $149,- 

445 13. 

The amount that will probably be realized to the Treasury after all 
deductions for delinquencies, commission, &c. will not vary far from 
$130,000. Of this amount, under the law of last year, setting apart 
Scents on the $100 valuation of property, there will probably be set 
apart about $40,000, to be applied to the liquidation of the interest ac- 
cruing on our Internal Improvement loans. Leaving to the ordinary 
expenses of the Government about $90,000, 

From the 82,921 polls assessed this year, there will probably be re- 
alized about $36,500. By reference to my report of the I7th of Jan- 
uary last, it will be seen that the total amount of taxable property for 
1836, is stated at $78,589,061. The returns for this year, show the 
amount to be $98,441,063, giving an increase in the amount ofthe cur- 
rent year, of $19,852,002, or about 20 percent, upon last year's valu- 
ation. 

This sum being larger than was anticipated by the last General As- 
sembly, might seem to indicate the efficiency of the present mode of as- 
sessments. But by comparing the tabular statement of this, with that 
of last year, it will be seen that the assessments of this year fall far 
short of the adMaHncrease. 

Last year the number of acres of taxable lands returned for the 
State was 5,485,363. This year there are 6,185,714 acres returned. 

Last year there were near 300,000 acres of land, exclusive of Canal 
and Seminary lands, and such of the Sexteenth sections as were sold on 
a credit and not paid out, which escaped taxation. This year the num- 
ber is increased to near 600,000 acres, which at $5 'per acre, (an a- 
mount less than the average price per acre) amount to $3,000,000. 
The tax upon which, for state purposes alone, would be $4,500. In 
addition to this, a large amount is annually lost^both to the state and the 
respective counties, by assessors' neglecting to make a full assessment 
of the number of polls of the State. It is believed that our mode of as- 
sessing may be greatly improved. A system can be devised by which 
all the real estate may be annually assessed with but little, if any, addi- 
tional cost. Respectfully submitted, 

MORRIS MORRIS, A. P. A, 

Dr. Bowen, the Senator elect from Fountain, produced his creden- 
tials, was sworn by the Hon. Judge Wick and took his seat. 

The President laid before the Senate the Annual Report of the 
State Bank of Indiana, and Reports from its several Branches. 
^ On motion of Mr. Brady, said report from State Bank, was referred 
to the committee on State Bank, and that 500 copies of the same be 
printed for the use of the Senate. 



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59 

On motion of Mr. Vavvter, said reports from the several Branch- 
es of the State Bank of Indiana, were referred to the committee on 
State Bank, and that 500 copies of the same be printed. 



Hon. David Hillis, 

Herewith are Tabular Statements and Reports of the State Bank 
and Sinking Fund Commissioners, to be laid before the Senate. 

I have the honor to be, fee, 

S. MERRILL. 



To THE General Assembly — 

At their February session, the Directors of the State Bank gave 
their assent to the amendments, which the last Legislature proposed 
to the Charter, and recommended them to the immediate attention of 
the branches. Eight of the branches also gave their assent, but the 
other three have deferred doing so. The amendments, therefore, have 
not taken effect. 

The inexpediency of creating new branches, under the circumstan- 
ces, that have since occurred, is so apparent, that few are disposed to 
object to the delay. But when the present difficulties are removed, 
when specie payments shall be resumed, confidence restored, and bu- 
siness return to its proper channels, that part of the state which has 
not yet obtained its share of bank facilities, may and should receive 
them. It was the unanimous expression of the Directors at their late 
meeting, that at the earliest period, circumstances shall justify, there 
ought to be three more branches organized in the northern portion of 
the state. 

No act of the State Bonrd has ever impressed them with a deeper 
sense of responsibility, than that, by which they advised the branches 
to suspend specie payments. They were in session on the 18th May 
last, when information reached them, that nearly all the banks in the 
United States had closed their vaults. The balances due this institu- 
tion from other banks and their paper then on hand amounted to ^1,- 
102,858 56. This sum would have been totally unavailable, while 
specie payments were continued, and the bank must either have fol- 
lowed the example of others, or permitted the brokers and banks of 
other states, the first informed and most active in these matters, to 
drain it ofits specie, leavingthe claims of the citizensof the state and the 
large de[:osites of the General Government unpaid, until collections of 
the notes and bills discounted could be made in specie funds, and until 
other banks could be compelled to pay what the public appeard to sus- 
tain themin refusing. Ifthe collection of the$5)311, 804 97 then due the 
bank, for loans and for notes and balances on other banks, had all been 
pressed at once, much of it must have been sacrificed, many of our best 



60 

citizens ruined, and the industry and enterprise of the slate, must have 
been paralyzed for years. The stock subscribed by the state and indi- 
viduals, might have been returned to them but little impaired, but this 
would have poorly compensated for needless injury to numbers of oth- 
ers. A sudden reduction of the circulating medium of the state from 
about four millions of dollars, to less than one-fourth that amount, must 
have occasioned the depreciation of the value of property in about the 
same proportion. The sixteen millions of dollars estimated to have 
been due, at that time by the citizens of the state to the Bank, to the 
different loan offices, to foreigners and to each other, would have been 
collected or attempled to be, in a medium made, four times more valua- 
be than that, in which it was contracted. 

The course, which the State Board advised, not without hesitation 
and reluctance, and which was adopted by the branches, has since the 
suspension, paid off ^761,920 13, of the debt to the Government 
$288,085, of the notes in circulation, and ^10G,994 69, of the individ- 
ual deposites, while the amount of specie has decreased only ^58,- 
162 87, all of which has been applied to paying off the debt to the U. 
States, and to supply change. Few new debts have been contracted, 
the old debts have diminished more than a fourth in amount; the pa- 
per of the bank is generally taken at par; in reducing its discounts 
only one doubtfuU debt of f 400, has been discovered, but one person, 
and he not now a resident of the state, has sued on its paper, and no 
doubt can exist in the mind of any intelligent citizen, but ihat specie 
payments can and will be resumed, whenever well advised public opin- 
ion shall demand it. 

To this desirable result, the efforts of all the solvent banks in the 
United States, are believed to be earnestly directed. They are di- 
minishing their discounts and circulation as rapidly as the public good 
will permit, and in general, much more so than has been here attempt- 
ed. They have sent delegates to a Convention, assembled to deter- 
mine upon concert of action, and fix the time for resuming specie pay- 
ments. This bank has a Representative there, instructed to vote for 
the earliest day that may be proposed. 

But in hastening the return of a sound currency, the State Board 
have not felt at liberty to neglect other important interests. At their 
late session they authorized an increase of discounts until the first of 
June next, by which the branches may extend them about ^800,000, 
ior the express and sole purpose of aiding the exporters of produce. 
A previous gradual reduction had put it in the power of several of 
the branches to afford some facilities for making shipments, and all of 
them will now enlarge their discounts for a time, to be reduced again 
by the avails of the produce exported. 

The interests of the public and the bank in this particular, are so 
important, that the operations of future years must be much like those 
of the present season. As much more capital is required from No- 
vember to May than during the rest of the year, the bank must, of ne- 
cessity, reduce its discounts largely, in summer, to be prepared to in- 
crease them again, when they can be used with most advantage^to 



61 



community. It would appear therefore, that the reduction, which the 
bank for its own security was forced to make, when specie payments 
were suspended, has been required not less by good policy to enable 
it to prepare for the present enlargement. It will willingly, if neces- 
sary, make sacrifices in other quarters, to sustain itself while thus aid- 
ing the business of the country. 

Though the bank, at its establishment, was by many considered a 
doubtful experiment, and the subscription of the stock in most of the 
branches obtained with difficulty, yet its business has hitherto been 
successful almost beyond precedent. For this the Directors of the 
branches are entitled to much of the credit. They have made no 
bad loans; they have profitted by exchanges of paper from every part 
of the Uuion, by the collection ot foreign debts, the United States de- 
posites, and the expenditures on the public works, and the circulation 
of the paper has had no limits but those fixed by the charter. The 
following abstract of the annexed table shows the condition of the 
Bank on the 18th Nov. 1837, so far as regards claims against it, viz: 



Resources. 

Bills discounted $2,944,765 78 

Bills of exchange 406,207 51 

Banking houses 95,569 98 

Furnituie 5,427 96 

Due from other B'ks 460,520 51 

Due from F'd Com'rs 307,181 49 

Remittances, &c. 39,316 08 

Branch balances 31,458 87 

Notes of other Banks 140,084 

Specie 1,128,031 56 



$5,558,563 74 



Liabilities. 
Notes in circulation $2,226,695 OO 



Treasury U. S. 
Due other banks 
Sinking Fund 
Unclaimed dividends 
School Fund 
Pension Fund 
Deposites 



576,277 75 

101,179 19 

15,060 29 

4,598 63 

4,200 

5,817 75 

336,144 45 



$3,269,973 06 



Leavinga balance of $2,288,590 68— which will pay $90,050, the Nov. 
dividend— $2,200 the tax for the School Fund— $1,867,906 25, the 
amount paid for stock — $20,283 75, the interest on public deposites, 
and leave a surplus if there be no losses, of $308,150 68, to be divi- 
ded as profits hereafter. 

The stock of the Slate in the Bank has been paid over as follows: 
In Nov. 1834, - - - $500,000 

In " 1835, - - - 200,000 

Iq " 1836, - - - 165,000 

In « 1837, - - - 15,000 

$880,000 

On $865,000 of this sum, the state derived a clear profit the last 
year of $29,250, over the interest of the loan by which that stock 
was paid. The May dividend would have been larger but for the un- 
certain prospects when specie payments were suspended. The sur- 
plus fund now on hand will enable the branches to extend their dis- 



62 

counts farther than they could otherwise do, and will secure dividends 
even when considerable losses occur. 

It cannot reasonably be expected that the profits of the Bank for 
some years to come, will equal those that have hitherto been realized. 
The circulation and discounts must be less in proportion to the capi- 
tal than heretofore, seasons of depression will not fail to come, for 
banks can no more expect perfect uniformity and regularity in (heir 
business, than farmers can hope never to suffer from droughtor dearth, 
frost or inundation. But no slate of things is likely to occur, in which 
a clear profit of five per cent, a year, after paying the interest of the 
loan in New York, may not be made to the state on its stock in the 
Bank. At this rate the profit in future will be ^44.000 a year, which 
if loaned out at eight per cent, clear of expenses, will, in less than 
thirteen years, with proper management, pay back the loan bj which 
the stock was purchased. 

The third instalment in the Fort Wayne Branch has been charged 
to the Sinkmg Fund, no loan having yet been made by the state to 
meet the payment. An increase of Individual stock has been made at 
the Lafayette Branch of $20,000. Several other Branches had also 
contemplated the increase of their capital, but finding that their stock 
was not in demand they have postponed it for the present. 

The charter now authorizes the capital of the Bank to be enlarged 
as occasion shall require, to §'3,000,000, and it will, no doubt, be rais- 
ed to this amount within a short time after the present difficulties are 
removed. 

The success of the Bank hitherto, arising from the prosperous state 
of affairs generally, and not always requiring effort on the part of its 
officers, may have had a tendency to permit its loans to be used too of- 
ten as permanent capital, and not in doing the business of the country. 
This application of bank means ishighly objectionable on many ac- 
counts. Loans will be made, not as independent transactions, but as 
matters of favor. Banks will be created, not to lend but to horroxo mo- 
ney, and not in reference to the amount of business, but the number 
and clamor of borrowers. The stockholders will be more interested 
in the loans than the dividends, \d distributing the capital than in secu- 
ring the profits. 

Money loaned for business, v/ill find limits in the extent of that 
business. Employers, manufacturers, and exporters, who borrow and 
expect lo pay, when the transaction for which the loan was made is 
completed, will seldom ask for more than they can use with advantage 
to themselves and community. If the country be prosperous, and pub- 
lic credit and confidence be general, the business of the bank and coun- 
try will expand to suit each other, while under circumstances like the 
present, the sphere of action for both will be kept within narrow 
bounds. 

But there are no other limits, besides those of avarice and ambition, 
to the desires of borrowers of capital for permanent use. When 
times are good they will not pay, and they cannot when they are oth- 
erwise. As directors and stockholders there can be little security for 



63 

their safe management, or that they will obtain public favor by efiect- 
ing public good. 

Such is not the condition of alarge majority of the Branches. Those 
who choose, can at any time buy stock in the most of them. In gen- 
eral the stockholders and directors are not improperly favored. The 
loans made for business transactions are felt as a benefit to the whole 
community, and the institution is considered an honor and credit to the 
character of the State. 

To insure a uniform and correct course, by the branches, of apply- 
ing the loans to the business of the country, the State Board is taking 
decisive steps, and discounts will be limited in proportion where suita- 
ble payments upon them do not provide funds to keep up an active and 
healthy circulation of the paper. 

Much of the business of banks is necessarily of a character, which 
the Directors will neither have leisure nor disposition to explain to 
every curious inquirer. It is not in their power to accommodate, ma- 
ny, who come with fair claims and good security; and they are often 
beset by others who are clamorous just in proportion to their want of 
merit. That many should be dissatisfied with their decisions, and ha- 
ving only partial views of their motives should mistake them, is, per- 
haps, unavoidable. For the allowances usually made to the imperfec- 
tions of their nature, those who manage banks may lay claim. But 
they neither ask nor expect any thing further. They constitute a por- 
tion of a community that is regulated by public opinion, and to that 
they will submit without a murmur. 

The semi-annual examinations of the branches required by the 
charter have been regularly made. Wherever improper proceedings 
have occurred, they have been disapproved by the parent Board. But 
in general, much has been found to approve and little to condemn. 

The Bank, as yet, has commenced but few suits, and it is under- 
stood that no sales on executions have ever been made on its account. 

For months past, there have been loud complaints of pressure^ scarci- 
ty of money, and the difficulties of the times. Many of the products of 
the country have fallen considerably in value, while the prices of some 
articles are still high in proportion to others. But these matters soon 
regulate themselves, though when a change is unavoidable, if it be 
made early and amicably there need be no interruption in the pro- 
gress of business, especially in a country like this. Those who ac- 
commodate themselves to the times will not find them so had but they 
can make good out of them. The labor and rents of a country should 
be paid according to the prices of its produce. If the former be too 
high, employment cannot be furnished, if too low, labor will not be 
supplied. When these bear a due proportion to each other, the far- 
mer is encouraged to enterprize, and the laborer stimulated to exer- 
tion. 

There would then appear to be no cause of serious alarm, in the 
present state of things. Every prudent man has foreseen its approach, 
and while the future was uncertain, his fears may have predominated. 
But now the worst is known, and there is no cause for despair, unless 
rashness and folly create new and unnecessary difficulties. 



64 

The progress of the State in wealth and improvement need not be 
long retarded. Those now in the lead may falter, but others will 
soon take their place. No failures of consequence have occurred 
among the business men. The suits for debt in the courts are not 
more numerous than usual. Sheriff's sales seldom occur. All the 
produce of the country is demanded for consumption. Visionary 
schemes are understood and duly appreciated. Emigration to the 
State is increasing. Canals and rail roads will soon be corinpleted. 
Confidence will be restored, and exchanges be again at fair rates, and 
if produce do not command high prices, its cost of transportation will 
be less, and the wants of the citizens will be supplied from abroad at 
reduced rates. 

Accompanying are tables showing the condition of the State Bank 
and Branches, and the names and compensation of the officers. 

Respectfully submitted on behalf of the Board. 

S. MERRILL, Pres't. 



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64 

The progress of the State in wealth and improvement need not be 
long retarded. Those now in the lead may falter, but others will 
soon take their place. No failures of consequence have occurred 
among the business men. The suits for debt in the courts are not 
more numerous than usual. Sheriff's sales seldom occur. All the 
produce of the country is demanded for consumption. Visionary 
schemes are understood and duly appreciated. Emigration to the 
State is increasing. Canals and rail roads will soon be coijnpleted. 
Confidence will be restored, and exchanges be again at fair rates, and 
if produce do not command high prices, its cost of transportation will 
be less, and the wants of the citizens will be supplied from abroad at 
reduced rates. 

Accompanying are tables showing the condition of the Stale Bank 
and Branches, and the names and compensation of the officers. 

Respectfully submitted on behalf of the Board. 

^ S. MERRILL, Pres't. 





1 


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214,850 

36,631 

12,091 

12,451 

20,003 

13,330 

87,682 

6,978 

14,004 

11,935 

7,089 

120,430 

50,478 

48,214 

23,435 

31,ai2 

19,752 

51,726 

22,226 

27,620 

22,805 

36,983 

39,902 

6,214 

11,588 

46,002 

19,090 

9,201 








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42,970 00 

5,860 90 

1,813 05 

2,241 IS 

4,000 60 

3,133 SO 

3,598 GG 

,837 36 

1,680 48 

1,432 20 

921 57 

14,451 GO 

6,562 11 

7,719 01 

4,687 00 

21,869 40 

4,938 on 

20,690 10 

8,890 K 

8,286 00 

3,6-18 8( 

4,807 7i 

5,187 2( 

T15 G« 

1,390 5f 

5,980 2(j 

3,290 8( 

1,104 12 


> 






711 
40,145 
59,131 
17,299 
2,460 
29,503 
19,896 
9,766 
19,360 
10,564 
13,326 

2,546 
76,644 
56 422 
28,612 
26,949 
49,294 

4,753 
28,513 
25,753 
48,799 
18,945 
33,657 
33,072 
56,278 
37,191 . 

7,1.52 
10,212 




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6,066 75 

8,869 65 

2,767 84 

369 00 

4,438 95 

2,785 44 

1,269 58 

2,516 80 

1,373 32 

1,865 64 

330 98 

9,903 72 

8,463 30 

4,577 92 

13,474 50 

12,323 50 

1,425 90 

11,405 20 

5,1,50 GO 

7,807 81 

2,652 30 

4,711 98 

4,299 30 

7,316 14 

4,873 83 

858 21 

5,231 4( 


> 
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1.75 
4.25 
3.75 
5.00 
2.00 
4.50 
8.00 
7.25 
9.75 
5.00 
11.00 
11.75 
10.25 
3.00 
2.50 
7.00 
3.00 
4.00 
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101 50 
1-12 50 
190 00 

76 00 
171 00 
304 00 
275 50 
370 50 
190 00 
418 00 
446 50 
389-50 
114 00 

95 00 
206 00 
114 00 
152 00 
228 00 
114 00 
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143 50 
114 00 

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256 50 
123 5( 

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112 00 

483 00 

9,495 on 

434 00 

G91 00 

_ 522 on 

784 00 
213 .50 
3C8 00 

144 on 

175 00 

2,961 00 

610 00 

497 .00 

675 00 

5,395 00 

4,180 00 

2,930 00 

1,360 00 

1,535 00 

679 00 

392 00 

4 451 00 

297 00 

1(!5 (10 

216 00 

5'28 50 


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1-200 

100 
100 
100 
100 

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9,000 00 

2,500 00 
2,.5O0 00 
2,500 00 
2„500 00 
1,876 00 

1,250 00 


1 

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* 43,255 15 

12,572 21 

35,320 80 

5,633 02 

14,736 60 

7,96-1 75 

7,472 10 

2,595 94 

4,935 78 

3,139 52 

3,380 21 

15,2'39 08 

19,876 36 

16,936 34 

9,856 92 

36,284 90 

25,270 50 

28,948 30 

25,953 60 

20,410 60 

18.066 14 

8,281 59 

10,405 24 

10,835 96 

9,136 70 

11,275 .59 

3,488 54 

6,911 58 




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26,749 
19,814 
16,052 
8,456 
39,343 
20,711 
5,746 
4,673 
3,169 
2,613 
4,360 
4,040 
8,387 
7,268 
4,933 
5,807 
13,711 
6,206 
8,364 
7,844 
14,936 
2,010 
23,729 
6,137 
4,097 
8,304 
36,170 
16,164 

6',699 
50,665 

6,043 
61,268 
31,097 
51,755 






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CT.tOWCTO>MOMa>a.*^MM»l•,MM^SU.M»MM»M»M»MC0W^=frU.» 


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3,209 88 

2,972 10 

2,373 28 

1,014 72 

4,401 46 

2,692' 43 

689 52 

560 76 

379 08 

313 44 

533 30 

484 80 

994 44 

873 16 

591 96 

696 84 

2,056 65 

744 60 

1,003 68 

941 28 

2,338 90 

241 20 

3,084 77 

616 44 

373 54 

1,320 60 

6,787 20 

1,818 48 

803 88 
7,683 25 

906 45 
6,364 19 
4,042 61 
8,280 80 




16,270 

32,797 
6,867 

17,650 
6,126 

23,398 
4,431 
6,081 
4,082 
2,089 
2,929 
3,338 
6,397 
5,194 
3,724 
5,494 
5,599 

13,179 
8,908 
8,369 
2,939 

15,873 

15,035 
5,066 
1,854 
1,974 
4,869 

16,812 

Io',148 
31,530 
7,445 
40,707 
28,425 
10,756 


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I' 




2.115 10 
4,919 56 
1,030 05 
2,824 00 

666 38 

3,261 72 

676 03 

851 34 

571 48 

371 57 

380 77 

433 94 

831 61 

675 22 

484 12 

714 32 

727 87 

1,976 86 

1,158 04 

1,171 66 

. 382 07 

2,856 96 

1,954 65 

657' 28 

241 02 

2.56 62 

632 97 

2,213 68 

1,523 20 
4,729 60 

1.116 78 
5,698 98 
3,979 50 
1,613 40 

• 






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228 00 
171 00 
197 60 

95 00 
171 00 
199 60 

47 50 
304 00 
304 00 
304 00 
171 00 
304 00 
304 00 
343 00 
285 00 
399 00 
399 00 
304 00 
601 60 
380 
142 60 
133 00 
114 00 
218 50 
161 50 

85 50 
161 50 

190 00 
342 00 
199 50 
180 50 
361 00 


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3 50 

4 00 

3 50 

4 00 
4 25 
4 50 

4 75 

5 00 

5 00 

6 00 

5 00 

6 00 
5 00 
5 00 
5 26 

5 25 

6 60 

5 60 
5 60 
5 60 

5 60 

6 00 
4 75 
4 50 

4 25 

3 76 
3 50 

5 00 
3 50 
3 50 
3 60 


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318 50 
3,036 00 
297 50 
776 00 
106 26 
486 00 
166 25 
160 00 
70 00 

115 00 
150 00 
250 00 
135 00 
80 00 
178 50 
525 00 
146 00 

93 60 
93 50 
132 00 
77 00 
70 00 
114 00 
139 50 
346 50 

210 00 
238 00 
32,670 00 
465 50 
808 50 
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lii'42,529 60 


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$5,643 48 
11,305 65 
3,87r83 
4,812 32 
5,269 08 
6,611 15 
1,631 30 
1,619 60 
1,324 66 
889 01 
1,322 97 
1,339 74 
3,380 05 
1,986 38 
1,498 08 
1,874 56 
3,708 62 
3,363 45 
2,465 72 
2,614 54 
3,094 47 
3,331 16 
5,304 3-i 
1,464 72 
1,103 10 
1,852 72 
6,645 17 
4.440 16 
3,717 62 
2,736 08 
12,893 75 
61,492 20 
11,709 17 
0,191 61 
9,988 70 




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1,853 
19,899 
12,01.2 
64,874 
11,441 
7,676 
8,438 
86,460 
69,966 
37,249 
10,637 
17,481 
1,505 
11,617 
18,082 
10,782 
7,515 
9,924 




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222 60 
2,585 87 
1,801 80 
9,731 10 
1,372 92 
921 12 
1,012 56 
12,969 00 
9,093 58 

1,593 33 
2,447 34 

180 60 
2,323 40 
2,712 30 
1,617 30 

901 80 
1,190 88] 




3,864 
21,933 
48,463 

33,708 
23,002 
33,488 
13,644 
33,620 
20,000 
45,402 
23,706 
21,003 
13,266 
8,876 
7,092 
6,660 
14,161 


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302 32 
2,861 29 
8,723 34 

3,056 20 
3,430 30 
5,023 20 
1,773 72 
4,706 80 
3.000 00 
7,264 32 
3,792 80 
3,781 62 
1,989 73 
1,331 26 
1,063 80 
831 60 
2,263 76 


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180 
260 
240 
160 
200 
300 

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40 
160 
240 
160 
120 

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3 60 
3 50 
3 60 

3 00 

4 50 
4 00 
4 00 
4 00 
4 00 
1 30 
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4 60 
4 00 
3 50 
3 50 

3 30 

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Amount. 

98 00 

.M4 50 

1,435 00 

1,470 00 

378 00 

788 00 

120 00 

336 00 

1,716 00 

1,479 40 

904 50 

5,404 50 

1,868 00 

196 00 

322 00 

69 60 

1,216 00 


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1 6,000 
2,500 

6,400 

2,600 
160 

1,876 


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6,082 66 

28,140 14 

9,991 10 

10,639 12 

4,909 42 

7,031 76 

15,162 72 

14,228 38 

16,370 86 

10,499 27 

7,384 64 

12,026 72 

6,461 16 

4,239 55 

3,063 10 

1,972 80 

6,546 64 







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67 

EvANsviLLE Branch of the State Bank of Indiana, 
November 18th, 1837. 
The Board of Directors of this Branch of the State Bank of Indiana now 
beg leave to report to the Senate of Indiana, upon the various points requi- 
red by the 65th section of the Charter of said Bank, as the same were found 
upon this the 3d Saturday of November, 1837, at 2 o'clock in the after- 
noon: viz: 

1st. The following is a statement of the available funds 
on hand: 
Silver -.-... 

Gold - - - - 

Paper of other Branches of the State Bank of Indiana 
Paper of other State Banks ... 



$85,462 89 
7,674 89 
12,060 
1,310 



Snd. Amount of Notes discounted 

3d Amount of Bills of Exchange 

Suspended debt on Bills 



4th. 
5th. 

6th. 



7th. 
8th, 



Total amount of accommodations 

Amount of credit of Surplus Fund 
Amount of Notes in circulation 



$106,507 78 

$224,305 03 

50,668 89 

5,000 00 

$279,973 92 

$12,505 36 
$153,150 



The officers of this Branch are as follows: 

John Mitchell, President, no salary. 

John Douglass, Cashier, $1,200 per annum. 

Alexander Donald, Clerk, $500 per annum. 

Rent paid for the present Banking office is $150 per annum. 

This Branch paid for a Lot for the purpose of building 

upon it a Banking House $1,000 

And there is now piled upon it 250,000 brick, which 

have cost - - - - - 1,559 24 

Cost of vault in present office - - 542 18 



$3,101 42 



9th. This Branch owns no other real estate, unless it be in its share in the 
proposed State Bank House, for which it has advanced $227 27. 

10th. The debts due by this Branch to other Banks are: 

To New Albany Branch - - $1,440 81 

Terre-Haute " (nothing.) 

Fort Wayne " - - - 41 50 

Bank of Louisville . - - 868 10 

Louisville Savings Institution - - 99 78 

Commercial Bank of Cincinnati - 1,017 74 

Merchants' Bank of New York - - 1,263 71 

Phenix Bank New York - - ., - 10,2.59 83 

Merchants' and Mechanics' Bank Wheeling ■< 1,303 82 



$16,295 29 



68 

The debts due by other Banks to this Branch, are: 
By Indianapolis Branch 

Richmond Branch ... 

Madison Branch .... 

Vincennes Branch ... 

Lafayette Branch ... 

Agricultural Bank of Mississippi 
New Orleans Canal & Banking Co. 
Ohio Life Insurance & Trust Co. 
Canal Fund Commissioners 
Terre-Haute Branch 



The amount standing against the Canal Fund Commissioners is included 
among the debts of other banks, as an offset against the amount at the credit 
of the Phenix Bank, New York, which latter arises from drafts drawn on 
that bank predicated on the payments to be made by the commissioners, in 
New York, to reimburse this branch for its Canal disbursements. 

It may also be proper to state here, that this Branch is indebted to the 
New Albany Branch $52,883 85, on account of the public deposites. 

In order to exhibit a more full and comprehensive view of the state of 
this Branch, a copy of the Cashier's weekly report, for the week ending 
with this day, is herewith transmitted. 

All which is respectfully submitted, by order of the Board of Directors. 

JOHN MITCHELL, Pres't. 
John Douglass, Cashier. 



$75 


97 


55 


13 


62 


76 


383 


28 


160 


00 


2,000 


00 


14,746 


43 


2,340 


37 


18,055 


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56 


66 


$37,935 


60 



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71 

State Bank of Indiana, i 

Branch at Terre-Haute, Nov. 18, 1837. \ 
To the Honorable the President, 

of the Senate of Indiana: 
Sir— 

We beg leave to hand you herewith the Annual Report of the condition 
of this Branch, on the evening of this day as required by the 65th section of 
the charter of the^State Bank of Indiana, and also for your more particular 
information, a copy of our weekly report, all of which is respectfully sub- 
mitted. 
1st. The amount of available funds on hand is as follows: $148,892 86 



In notes of the branches of this Bank other than our own 5,440 00 

" " United States Bank 870 00 

" " other Banks - : 24,375 00 

In Gold .... 51,016 66 

In Silver .... 67,191 20 



2nd. The amount of Notes discounted is - $183,265 36 



3d. The amount of Bills of Exchange is $50,604 50 

4th. The amount of the Surplus Fund is 



5th. The amount of Notes in circulation is - $226,247 00 



6th. The number of officers and servants of the Branch, and 
compensation to each is as follows: 
Demas Deming, President, - $800 per annum. 

Aaron B. Fontaine, Cashier, - 1000 do 

Thomas Jennings, Clerk, - - 500 do 

Nathaniel Preston, Clerk, - - 600 do 



7th. This Branch pays no rent. 

8th. The value of Houses used for Banking purposes is $11,169 70 

and we have also paid this sum towards erecting a 
Banking House for the State Bank 227 27 

9th. This Branch has never owned any other real estate. 
10th. The amount of debts due to other Banks is $71,439 21 

" " «' from other " is 124,720 18 



D. DEMING, President, 
A. B. Fontaine, Cashier. 



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91 

To the General Assembly : 

The receipts by the Commissioners of the Sinking Fund, from the 
organization of the Board up to November 1837, have been as follows: 
State Bonds |1,390,000 00 

Premium on State Bonds 29,496 92 

Interest and premium 3,019 58 

Interest from Stock Loans 14,750 86 

" " Current Loans 38,661 76 

Dividends on Bank Stock 104,550 00 

Bank Mortgages 111 23 

Over payment by Fund Commissioners 28 92 



$1,580,619 27 

The above has been appropriated as follows: 

Loans to Stockholders, Indianapolis Branch $'38,705 88^ 

« Lawrenceburgh " 43,064 69i 

« Richmond « 12,756 87i 

« Madison " 41,677 96i 



Evansville " 20,049 68i 

Vincennes " 11,205 47* 

Bedford « 24,167 74 

Terre Haute " 21,245 05s 

Lafayette " 25,073 17i 

Fort Wayne " 17,062 50 



$255,009 05 
Bank Stock ..... 865,000 00 
Current Loans - - . - • 319,676 78* 

Cash balances, Indianapolis Branch $'63 41 

« « Madison " 715 69 

« « Evansville « 471 79 

« « Bedford « 723 72 

« « Terre-Haute « 1,538 82i 

« « Lafayette « 342 93 

R. Morrison, Com'r. 1,253 GO 5,109 9Gi 

Interest on State Bonds 128,236 45 

Expenses in obtaining loans 4,494 131 

" transporting specie 1,271 39 

Current Expenses 1,821 49^ 

$1,580,619 27 

The following is the account of the Surplus Revenue received by 
the Commissioners: 

Third Instalment, paid July 1st, by Treas. of State 286,751 48 

Interest paid on Loans a3,706 45 

|310,457 93 



263,255 00 


22,940 


11 


2,867 


51 


1,493 


18 


9,900 


13 


2 


50 


910 00 


733 


32 


8,356 


18 


^310,457 


93 



92 

Appropropriation : 

Loans made on Mortgages 

Eight per cent, paid Fund Commissioners 

One " - " reserved for current expense 

Cash o^ feand, R. Morrison 

rvQk*/ Lafayette branch 

Bedford 

Madison 

Indianapolis 

Lawrenceburgh 



A considerable portion of the above, charged against the Branche?, 
is actually loaned out, but the mortgages not having been recorded and 
returned to the office, they have not yet been entered on the books. 

No loan having been made by the State to pay the third instalment 
of stock in the Fort Wayne Branch, the Sinking Fund Commissioners 
are proceeding to pay it out of the balance on hand, and by a tempo- 
rary loan. The interest of the different funds will, however, be kept 
distinct and applied to the purposes required by law. 

In conformity with the directions of the last Legislature, to the Com- 
missioners appointed to loan the surplus revenue in the counties, this 
Board has required interest at the rate of 9 per cent, on the loans 
made since the 25th February last. 

When the third instalment of Sulplus Revene was paid over, in or- 
derto make it immediately productive, the Commissioners proceeded 
at once to loan it, and the mortgages, with very few exceptions, bear 
interest from the first of July, the day the money was received. They 
had also provided for loaning out the fourth instalment of surplus reve- 
nue, due in October, without unnecessary delay, in those parts of the 
State in which no loans had previously been made. 

By the dividend of 22d November last, $40,000 09 were added to 
the Sinking Fund, and near ^15,000 more of interest on loans will be 
paid by the 1st of January next, when the semi-annual interest on the 
State loan must be paid in New York. 

Respectfully submitted, 

S. MERRILL, Preset. 
L. H. Scott, ^ 
R. Morrison, f Commissioners 
C. Fletcher,/ Sinking Fund. 
A. Worth, j 

Dec. 7th, 1837. 

Mr. Stanford from the Committee on enrolled bills now reports: 
The joint committee on enrolled bills now report, that they have 



93 

compared the enrolled with the engrossed bill of ihe Senate No. 3, en- 
titled, 

An act legalizing certain proceedings in relation to certain school 
lands and school trustees in Lawrence county, and find the same truly 
enrolled. 

Mr. Walker presented a petition from James K. Sieeth and others, 
prajing the location of a state road through Marion, Johnson, and Shel- 
by counties. 

Mr. Brady also presented a petition on the same subject. 

It was ordered that they should be referred to a select committee 
composed of Messrs. Walker, Thompson of J. and Brady. 

Mr. Stewart presented a petition from citizens of Gibson county, 
praying the charter of a bridge across the Wabash, &c. 
On motion. 

Ordered^ to be referred to a select committe, composed of Messrs. 
Stewart, Casey, Thompson of P. and Mitchell. 

On motion of Mr. Stewart, Mr. Tuley, Senator from Floyd, was 
added to the committee. 

The President laid before the Senate the folk wing Report of the 
Secretary of State: 

Indianapolis^ Dec. 9lh, 1837. 
Hon. Davjd Hillis: 
Sir — Please lay before the Senate the enclosed report: 

Very respectfully, 

WM. J.BROWN, Sec'y of State. 



Department of State,) 
Indianapolis, Dec. 9th, 1837. 5 
The Secretary of State respectfully reports to the Senate and House 
of Representatives, at the present session, that on the 8th day of A- 
pril last, contracts were made with the following named persons for 
the distribution of the Laws and Journals of the last session, at the 
prices severally set forth, to wit: 

Frederick Hartzell 1st Circuit 



John M. Wetzell 


2 




Solomon Wells 


3 




Isaac Fisher 


4 




Arthur L. Wells 


5 




James Vanblaricum 


6 




Jordan Wright 


7 




Robert Patterson 


8 




Elliott M. Fatte.suu 


9 


<< 



pi 


50 


69 


00 


34 


49 


125 


00 


34 


49 


85 


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160 


00 



A contract was made with Isaac Fisher, on the 22d day of July for 
the delivery of one hundred cords of Wood, at two dollars eleven cents 
and nine mills per cord. 



94 

The Stationary necessary for the use of the Generiil Assembly has 
been purchased of the Richmond Manufacturing Company, and of 
George Conklin of Cincinnati, Ohio, bills of which will be laid before 
you by the Treasurer of State. 

The law of the last session imposed on the Secretary of State ad- 
ditional duties as State Librarian. I have, therefore, made that mat- 
ter the subject of a separate communication. 

Respectfully submitted, 

WM. J. BROWN. 

On motion ordered that 200 copies be printed for the use of the 
Senate. 

The President also laid before the Senate the following annual re- 
port of the State Librarian: 
On motion. 
Ordered, That 200 copies be printed. 



Indianapolis, Dec. 9, 1837. 



Hon. David Hillis, 

President of the Senate 



SIR — You will please lay befoi ^e Senate, the accompanying re- 
port. I am sir, very respectful.^ your ob't serv't, 

WM. J. BROWN, Sec'y, of State. 

Indianapolis, December 9th, 1837. 

The Secretary of State, and ex-officio the State Librarian, according 
to the provisions of an act entitled "an act for the preservation of the 
State House and for other purposes," approved February 6th, 1837, 
now reports to the General Assembly, that the room for the Library 
in the State House, has been fitted up and shelved in a manner as near 
as possible, corresponding with the remainder of the work in the build- 
ing. The work was performed by Messrs. Hattan & Scotield of Con- 
nersville, Indiana, in a manner highly creditable to them as mechanics, 
and at a cost much below the general estimate. A report of the par- 
ticular items of expense will belaid before you by the superintendent 
of the State House in his annual report. One side of the adjoining 
room has been fitted up, in the same manner under the provisions of 
the same act, for the use of the Indiana Law Library. The whole has 
been neatly carpeted and supplied with furniture and other convenien- 
ces, for the comfort of the members of the Legislature, and others en- 
titled to the use of the books. 

Under the \nvi oflast session, appropriating two hundred uolmrs ari» 
nually, for the increase of the State Library, I made arrangements 
with Henry W. Eisworth, Esqr., who was about to visit the Eastern Ci- 
ties, to purchase the necessary additions to the Library under the pro- 



95 

visions of said act, and required him as far as possible, to purchase 
such books as were in the list furnished by the Connmiltee on the State 
Library. Finding that it would be nnuch to the advantage of the Slate 
to anticipate the appropriation fixed by law for next year, in the pur- 
chase of books, I authorized him to purchase four hundred dollars 
worth; which he accordingly did, two hundred dollars of which is to 
be paid by the next year's appropriation. IManyofthe books on the 
list furhished, could not be found, their places have been supplied with 
others, which I think will be satisfactory to the members of the Legis- 
lature, among which are many rare and valuable works; herewith is 
annexed a Catalogue of the books purchased with the prices: 

Johnson's Life of General Greene 

Acerbi's Travels 

Trumbull's History of Connecticut 

Bozman's History of Maryland 

Letters of Lewis the 16th 

Bulwer's Athens 

Stevens' Travels in Egypt, Arabia Petra,&c. 

Ramsay's History of South Carolina 

Heeren's Political System 

Holt's Life of George the 3d 

Prince's New England Annals 

Tenneman's Manual of Philosophy 

Atheneum 

Letters from Palmyra 

Southey's Book of the Church 

Murdocks Moshiem 

Mather's Magnalia 

Bradford's History of Massachusetts 

Botta's History of Italy 

Foreign Review 

Chellingsworth's Works 

Ottoman Empire 

Lives of the Principal Cardinals 

History of Algiers 

Pope's Translation of Illiad and Odessy 

Anderson's History of France 

Chesterfield's Letters 

Clarenden's Life 

Lives of the Principal Reformers 

'1 urkish Spy 

New England Magazine 

Trotters Life of Fox 

Burke's European Settlements 

Fitzosborn's Letters 

Fosters Essays 

History of Enthusiasm 

Philip, Curran & Grattan's Speechec 



2 


vols. 


$4 50 


2 


(( 


2 25 


2 


(( 


4 00 


1 


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1 25 


3 


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1 50 


2 


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3 00 


2 


a 


4 50 


1 


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2 00 


I 


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3 75 


16 


(( 


12 00 


2 


(( 


2 00 


2 


(( 


3 00 


3 


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6 75 


2 


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4 00 


2 


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3 00 


1 


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2 00 


10 


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3 50 


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1 


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2 50 


2 


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3 00 


5 


u 


8 00 


2 


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3 00 


2 


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3 00 


3 


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4 00 


1 


ii 


3 50 


8 


ii 


4 00 


7 


(( 


5 00 


1 


(( 


1 50 


2 


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2 50 


1 


ii 


75 


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(( 


50 


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67 


1 


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1 25 



96 



iMaddcn's Infirmity of Genius 

Degerands on Sell-Education 

Souther's Essays 

Volney's View of America 

Davis' Life of Burr 

Mills' History of the Crusades 

Burne's Travels in Bokhara 

Josephus' Works 

Dryden's Works 

History of Florence 

History of the Hartford Convention 

History of Mexico and Guatamela 

Marbois' History of Louisiana 

Clarendon's Rebellion 

Family Library 

Dunn's Guatamela 

Henderson's Iceland 

Shalin's Sketches of Algiers 

Essays of Elia by Charles Lamb 

Report on the Penitentiary System 

Story's Miscellaneous Writings 

Schelegel's Lectures 

Wayland's Moral Science 

Brougham on Science 

Biglow's Technology 

Armstrong's War of 1812 

Memoirs of Cardinal Richelieu, &c. 

Goldsmith's Works 

Goldsmith's Life of Prior 

Dunglisson's Physiology 

Chalmer's Works 

Good's Book of Nature 

Dugald Stewart's Complete Works 

Irving's Astoria 

Batons Life of Jackson 

Tudgold's Carpentry 

Engineers' Encyclopedia 

Cheautaubrian's Travels 

McKenzie's Works 

Nuttall's Ornithology 

Owen's Voyages 

Powers' Impressions 

Crabb's Historical Dictionary 

Carey's Library 

Sheridan's Works 

Stanhope's Greece 

Aiken's Charles, 

Bayley's History of Plymouth 

Madrid in 1835 

Peale's Italy 



1 


(. 


75 


1 


(( 


1 00 


2 


(( 


2 00 


I 


ii 


1 50 


1 


n 


1 90 


1 


a 


3 00 


2 


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1 20 


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1 50 


2 


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2 50 


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6 


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97 



Memoirs of Commodore Barney 

Dunlap's Hist, of Arts and Design 

Thomas' History of Printing 

Memoir Ricliard Sands 

Dymonds Essays 

Scottish Gael 

Huskisson & Windham's Speeches 

Burke & Chatham's do 

Gardens & Menagerie of Zoological Society 

Memoirs of Count Giammont 

Lockhart's Lile of Scott 

Wraxall's Memoirs 

Neibulor's History of Rome 

Williamson's History North Carolina 

Chemistry of the Arts 

Brougham on the Present State of the Law 

Pickwick Papers by Boz 

Walton's Lives 

Beckford's Italy 

Aikenside's Pleasure of Imagination 

History of Pompeii 

Upham's Witchcraft 

Knovvle's Works 

Life of Wolf Tone 

Constable's Miscellany 

Campbells Letters from the South 

Cooper's Complete Works 

Encyclopedia of Geography 

Butler's Analogy 

Belknap's History of New Hampshire, 

Wheaton's History of North Men & Danes 

Essays on Truth and Opinion 

Lady Montague's Works 

Miss Martineau's Society in America 

British Cicero 

Abbe Mellott's History and Binding 

Gibbon's Miscellaneous Works 

Aiken's Letters 

Leland's History of Ireland 

Clapperton's Expedition 

Pratt's Gleanings 

Plowden's History of Ireland 

Hecknelder's Narrative 

Roscoe's Life of Leo the 10th and Binding 

Irving's Works 

Crayon Miscellany 

American Almanac 

Pocahontas, An Historical Drama 

Life of Milton 

Life of Roger Williams 

Gordon's Pennsylvania 

13 



1 


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1 25 


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98 

Insurance paid at Philadelphia, 

Freight of Books from N. Haven to Philadelphia, 

Two Boxes, Postage, Slc. 

Postage, Centage, and case at New Haven, Conn. 



The usual number of Congressional Documents, together with the 
laws of the last session of Congress, due (he State of Indiana have been 
received. Duplicate setts of the American State Papers, (Gales & 
Beaton's edition,) splendidly bound, have also been received. The 
third volume of Blackford's Reports has been transmitted to the sev- 
eral States as directed by a joint resolution of the General Assembly. 
There have been received since the last report of the State Librarian, 

Leigh's Reports of the Supreme Court of Virginia, 

Harrington's Delaware Reports 

Dana's Kentucky Reports 

Gill 8l Johnson's Maryland Reports 

Day's Connecticut Reports 

Vermont Reports 

Laws of Mississippi 1836 

« Maryland 

" Massachusetts for 1836 

" Vermont 

« South Carolina 1836 

" New Hampshire 

« Kentucky 

« North Carolina 

" Delaware 

" Massachusetts for 1837 

" Pennsylvania " 

*' New Jersey " 

« New York " 

*' Louisiana " 

« South Carolina " 

" Connecticut " 

« Maryland " 

« Ohio " 

" New Hampshire " 

« Maine " 

These have been bound and added to the Slate Library. 
Respectfully submitted, 

WM. J. BROWN, State Librarian. 



5 


volumes. 


1 


u 


1 


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1 


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1 


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2 


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3 


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99 

Ordered (hat 200 copies of the report of the Secretary of State 
and of the State Librarian combined, be printed for the use of the 
Senate. 

Mr. Thompson of L. presented a memorial and accompanying do- 
cuments from Joshua S. Giffing, praying, &c. 

Wiiich after being read, was, on motion, referred to the Judiciary 
Committee. 

Mr. Finch presented a petition from James H. Stewart and others, 
praying the location of a State road from Delphi to Michigantown. 

Oil motion, referred to a select committee, composed of Messrs. 
Finch and Ewing. 

Mr. Elliott presented a petition from Jacob Chrisman and others, 
praying the location ofa State road, commencing at the northern point 
of the White Water or Eastern canal, and running to the town of 
Fort Wayne, in the county of Allen, &c. 

On motion, referred to a select committee composed of Messrs. El- 
liott, Kennedy, Bradbury, and Colerick. 

Mr. Hackett presented a petition from Isaac Coulter and others, 
praying the name of the town of Middletown may be changed, &.c. 

On motion referred to a select committee composedof Messrs. Hack- 
ett, Vawter and Daily. 

On motion of Mr. Cole, the resolution from the House of Represen- 
tatives, relative to the election of Judges, Prosecuting Attornies, &c. 
was taken from the table. 

On motion of Mr. Thompson of L, all that part of said resolution 
relating to the election of Treasurer and Auditor of State, be strick- 
en out ; and that the Senate proceed to the election this day at 10 o'- 
clock. And on the question of concurrence, and adoption of the reso- 
lution, and its amendments, the Senate decided in the affirmative. 

Whereupon Messrs. Thompson of L. and Stafford were appointed 
tellers on the part of the Senate. 

The following Message was received from the House ot Represein- 
tatives, by Mr. Elliott their clerk: 

Mr. President — 

The House of Representatives liave adopted the follosving resolu- 
tion: 

Resolved.) By this House, that the joint rules be amended, so that the 
committee on the canal fund consist of five members on the part of each 
House, and that the Senate be requested to concur in this amendment. 

On motion of Mr. Thompson of L. laid on the table. 

Mr. Thompson of L. moved the following resolution: 

i?eso/Ter/, That the standing rule of the Senate, in relation to the ap- 
pointment of the committee of canals and internal improvements, be so 
amended, that the senator from St. Josephs be added to that com- 
mittee. 

Mr. Moore moved to lay the same upon the table; and on the ques- 
tion, shall the resolution be laid upon (he table? The Senate dr-cided 
in (he negative. 



100 

The question then recurring, on the adoption of the resolution, the 
Senate decided in the affirmative. So the resolution was adopted. 

The following message was received from the House of Represen- 
tatives, by Mr. Elliott their clerk: 

Mr. President — 

The House of Representatives have concurred in the amendments 
of the Senate, to the resolution of the House, fixing the time for the 
election of president judges and prosecuting attorneys, and fixing the 
time this morning at 10 o'clock; Messers. Huff and Reeve are appoint- 
ed tellers on the part of the House of Representatives. 

The House of Representatives have adopted the following resolu- 
tion: 

Resolved, That the Senate be invited to attend in this Hall instanter, 
to go into the election of judges and prosecuting attorneys of such dis- 
tricts, as are to be elected by a resolution of the two houses; and t 
seats be provided for them on the right of the Speaker's chair. 

Whereupon the Senate repaired to the Hall of the House of Repre- 
sentatives, for the purpose of electing said officers. 

The convention then proceeded to elect by ballot a president of the 
1st judicial circuit of the State of Indiana; and upon counting the votes 
it appeared that Wm. P. Bryant had received 69 votes. 

and Isaac Naylor " 75 « 

144 

Isaac Naylor having received a majority of all the votes given, was 
declared by the president, duly elected for the term of seven years 
from and after this day. 

The convention then proceeded to elect by ballot, a president judge 
of the 2od judicial circuit of the State of Indiana; and on counting 
the votes, it appeared that 

John H. Thompson received 121 votes. 
Scattering 22 « 

143 

John H. Thompson having received a majority of all the votes given, 
was declared by the president duly elected for the term of seven years 
from and after this day. 

The convention then proceeded to the election by ballot, of a presi- 
dent judge of the 3d judicial circuit of the State of Indiana; and upon 
counting the votes, it appeared that 

Andrew Davidson received 66 votes. 

Miles C. Eggleston « 75 •' 

Scattering 2 

143 



101 

Miles C. Eggleston having received a majority of all the votes klv- 
en, was declared by the president duly elected, for the term of seven 
years from and after this day. 

The convention then proceeded to the election of prosecuting attor- 
ney for the 1st judicial circuit of the State of Indiana; and on count- 
ing the votes it appeared that 

Joseph A. Wright received 69 votes. 

Daniel Mace « 40 » 

Rufus A. Lockwood " 15 « 

Samuel Wilson " 19 « 

143 

Neither candidate having received a majority of all the votes given, 
the convention proceeded to 2nd ballotting; and on counting the votes 
on the second ballot, it appeared that 

Joseph Wright received 78 votes. 

Daniel Mace " 61 

Rufus A. Lockwood " 4 

143 

Joseph Wright having received a majority of all the votes given, 
the president pronounced him duly elected for two years from and 
after this day. 

The convention then proceeded to the election of a prosecuting at- 
torney for the 3d judicial circuit of the State of Indiana; and upon 
counting the votes, it appeared that 

J. Dumont received 76 votes. 

J. S. Watts « 26 « 

J. Matson « 38 « 

Scattering 3 

143 

John Dumont having received a majority of all the votes given, the 
president pronounced him duly elected for two years from and after 
this day. 

The elections for which the Houses were convened, having been 
gone through, the Senate returned to their chamber. 

On motion of Mr. Thompson of L., 

Resolved,That when the Senate adjourns, it will adjourn until Mon- 
day morning 9 o'clock. 

On motion, the Senate adjourned. 



102 

'■ MONDAY MORNING, Dec. U, 1837. 

Senate assembled. 

Mr. Little from the committee appointed for that purpose, now re. 
ports a bill, entitled 

"A bill to amend the act for the appointment of trustees to receive 
deeds for lots or lands given or purchased for the use of schools, meet- 
ing houses, or masonic lodges, approved Feb. 10, 1837." 

Which being read the first time, was passed to a second reading on 
to morrow. 

On motion of Mr. Vawter, 

Resolved, That the judges of the supreme court be respectfully in- 
vited to communicate lo the Senate what progress they hnve made in 
revising the laws; and whether a revision of the statute laws of the 
State will be made and reported to this General Assembly in time for 
the action of the two Houses thereof, during the present session. 

On motion of Mr. Muunt, 

Resolved, That the committee on education be instructed to inquire 
into the expediency of so amending an act, approved Feb. 2, 1833 — 
and an act amendatory thereto, for the encouragement of common 
schools, approved Feb. 7, 1835, so that all lands hereafter, that shall 
be returned to the school commissioner for the non-payment of taxes, 
shall only be chargeable with half the penalty and interest now re- 
quired, and at the expiration of three years after the same may be re- 
turned to said school commissioner, shall, after giving the notice now 
required by law, proceed to offer at public sale said lands so returned 
to said school commissioner, in tracts not exceeding one-fourth of the 
lands so returned, which any person or persons may own in any one 
county, and as near as practicable corresponding with the sub divisions 
prescribed for the sale of public lands, and so continue until a sum is 
realized sufHcient to discharge the taxes, penalty, interest and costs; 
and in case an excess should remain, pay the same over to such delin- 
quent, if demanded, otherwise to remain in discharge of said delin- 
quent's taxes afterwards accruing. 

On motion of Mr. Kennedy, 

Resolved, That the committee on the State prison, be requested to 
inquire whether there has been any escape of convicts from the State 
prison, during the last year; and if there have been any such escapes, 
that said committee inquire whether the keepers of said prison have 
used due diligence to re-capture said escaping convicts. 

On motion of Mr. Elliott, 

Resolved, That the judiciary committee be instructed to inquire into 
the expediency of changing the present probate system, to that of a 
circuit system, and elect judges in the same manner as the circuit 
judges are at this time; and report by bill or otherwise. 

On motion of Mr. Morgan of R., the resolution of Mr. Yawter, re- 
lative to an inquiry of the supreme judges, as to what progress they 
have made in revising the laws, &c. was taken up for reconsideration. 

Mr. Little moved to lay the same on the table, which was negatived. 



103 

Mr. Dobson moved to amend, by inserting the words, "at what time 
they wiJl be able to make the report;" which was also negatived. 

The question then was, "shall the resolution be adopted," and the 
Senate adopted the said resolution. 

On motion of Mr. Thompson of P., 

Resolved, That the judiciary committee be required to inquire into 
the policy of so amending our statutes in relation to crime and punish- 
ment, as to provide that defendants upon presentment or indictments 
for offences, the penalties for which are by finds alone, &hall have the 
right, when there are several presentments or indictments for the same 
similar ofiences, to require that they shall be consolidated, and plead 
to as if originally but one presentment or indictment. 

On motion of Mr. Little, 

Resolved, That the judiciary committee be instructed to inquire into 
the expediency of reporting a bill to the Senate, providing for a uni- 
form system of doing county business throughout the State of Indiana. 

On motion of Mr. Thompson of P. 

i?eso/i'ef^. That the judiciary committee be instructed to inquire into 
the expediency of repealing so much of the 9th section of the statute 
for the prevention of frauds and perjuries, approved Jan. 24, 1831, as 
requires the examination of a /erne covert separate and apart from her 
husband, in the conveyance of her estate, on her right of, in, and to 
any lands, tenements, or hereditaments whatsoever. 

Mr. Smith moved the following resolution: 

Resolved, That the Fund Commissioner be directed to report at as 
early a day of the pretent session as possible, the full amount of mo- 
ney loaned for purposes of Internal Improvement, with the amount 
disbursed, and the amount on hand; the kind of funds the loans 
are negotiated in — whether in specie or paper; if in the latter, 
what is the difference in exchange between specie and paper; to- 
gether with the amount of interest paid, unpaid, and due on loans. 
And out of what funds the interest has been paid and payable, and of 
what kind of funds, specie or bank paper is used in the payment of 
interest. 

Mr. Colerick moved to lay it on the table. 

And on the question the ayes and noes were called. 

Those ivho voted in the affirmative are, 

Messrs. Baird of St. J., Beard of Montgomery, Bell, Bradbury, 
Chambers, Cole, Colerick, Crawford, Dunn, Elliott, Ewing, Hacket, 
Kennedy, Little, Moffit, Mount, Sigler, Stafford, S'anford, Thompson 
of J., Thompson of L., Trask, Tuley, Watt of U., Vawter— 25. 

Those loho voted in the negative are, 

Messrs. Brady, Casey, Cathcart, Clark, Daily, Dobson, Dunning, 
Finch, Green, Mitchell, Moore, Morgan of D., Morgan of R., Puett, 
Smith, Stewart, Terman, Thompson of P., Walker, Watts of D.— 20. 

And so said report was laid upon the table. 



104 

On motion of Mr. Mitchell, 

Resolved, That the judiciary committee be requested to inquire in- 
to the expediency of prohibiting individual citizens and corporations 
from collecting by law, debts due fhem in specie from this time until 
the expiration of three months after the State Bank of Indiana and its 
Branches shall have resumed specie payment for their notes. 

On motion of Mr. Moore, 

Resolved, That the committee on the judiciary be instructed to in- 
quire into the expediency of providing a law to prevent any of the 
Branches of the State Bank of Indiana from sueing or collecting any 
money loaned in the State of Indiana, until the said Banks resume 
specie payment. 

Mr. Morgan of R. moved the following resolution: 

Resolved, That the President and Directors of the Slate Bank of 
Indiana be requested to inform the Senate at what time the Bank will 
resume specie payment. Also, what kind of funds are received at 
the Branches in payment of debts due the Bank or Branches. 

The following message was received from the House of Represent- 
atives, by Mr. Elliott their clerk. 

Mr. President — 

The House of Representatives have adopted the following resolu- 
tion: 

Resolved, That this House will, the Senate concurring therein, pro- 
ceed to the election of Treasurer of State, and Auditor of Public Ac- 
counts, on this day at 2 o'clock, P. M. Messrs. Lee and Thompson of 
Allen are appointed tellers on the part of the House of Representa- 
tives. 

The Speaker of the House of Representatives having signed an en- 
rolled bill of the Senate, 

No. 3 — An act legalizing certain proceedings in relation to certain 
school lands and school trustees in Lawrence county. 

I am directed to bring it to the Senate for the signature of the 
President thereof. 

Mr. Crawford offered to insert the following as an amendment to the 
resolution of Mr. Morgan, "And also if the directors have determin- 
ed at what time they will locate the 12th Branch, and at what point 
said Branch will be located;" 

Which was not agreed to. 

The question then being shall the resolution be adopted? and the 
Senate adopted said resolution. 

On motion of Mr. Ewing, 

Resolved, That the President and Directors of the State Bank of 
Indiana be requested to inform the Senate, at as early a day as is 
practicable, at what time and places they intend to locate the 12th and 
13th Branches of said Bank. 

The message from the House of Representatives relating to the 
^'election of treasurer of State and auditor of public accounts," was 



105 

concurred in, and Messrs. Morgan of R., and Ewing appointed tellers. 

On motion of Mr. T rask, 

Resolved^ That the judiciary committee be instructed to give their 
opinion of the constitutional difference between passing a law to ex- 
tend the stay of execution on debts contracted previous to this time, 
and passing a law that release all debtors from the payment of all 
debts for a given time, and whether either or both may or may not be 
considered ex-post facto laws. 

Mr. Tuley moved (he following resolution: 

i?e5o/T;ec/, That the standing committee on roads be instructed to in- 
quire into the expediency of repealing so much of the 20th section of 
an act entitled "an act to regulate the mode of doing county business, 
approved I9lh January, 1831," as relates to the election of supervi- 
sors of highways in the several counties of this State. 

On motion of Mr. Kennedy, said resolution was amended by add- 
ing "And to give tu said Board the appointment of said Supervisors.*' 

Mr. Clark also moved that they inquire if further legal provisions 
be necessary to inform the county Board of failure to swear in Su- 
pervisors elected by the people. 

Which amendment was not agreed to. 

The question then recurring "shall the resolution be adopted?" and 
it was adopted. 

Mr. Walker gave notice, that he would on tomorrow, move to a- 
mend the Standing Rules of the Senate so far as relates to the forma- 
tion of the "Standing Committee on Canals and Internal Improve- 
ments" in order to add the Senator from Cass to the said committee. 

Mr. Crawford also gave notice that he would move to repeal said 
rule altogether and leave the President free to select whom and from 
where he pleased. 

Mr. Stanford moved the following resolution. 

Resolved, That the committee of Ways and Means be instructed to 
inquire into the expediency of so amending the Revenue Law as to 
dispense with the Collectors' traveling over the cou'Uies, to demand 
the taxes, and of making it the duty of the people of each township to 
meet the collector at a certain time and place and pay their taxes. 

Mr. Morgan of R. offered the following amendment which was adop- 
ted: 

"And to reduce the per centum for collecting." 

Mr. Smith proposed to amend by adding, "that it shall not be legal 
for the collector to call on any individual at his own house for taxes," 
which was not agreed to. 

Mr. Sigler offered the following amendment, "and also to inquire 
into the expediency of extending lime to the several Collectors in this 
State until the 2d Monday of January, in each year, to pay into the 
State Treasury the Revenue of the State." 

Which was agreed to, and on the question "shall the resolution be 
adopted?" — it was by consent adopted. 

The following communication was received from His Excellency 
the Governor, by bis private Secretary Mr. Maguire: 
14 



106 

Ex6 

Dec. nib, 1837 



Executive Deparlment, } 



Gentlemen of the Senate: 

Permit me to nominate to you as J udges of the Supreme Ccurt, for 
the nextconstitulional term, Isaac Blackford, Charles Dewey, and Jer- 
emiah Sullivan, Esqrs. and to ask your advice and consent to their ap- 
pointment. This term commences the 29lh of January, 1838. 

DAVID WALLACE. 

Mr. Thompson of L. offered the following resolution: 

Resolved, That the Senate do advise and consent to the nomination 
of Isaac Blackford, Charles Dewey, and Jerremiah Sullivan, as Judges 
of the Supreme Court of the Slate of Indiana. 

On motion, ordered to lie on the table. 

On motion the Senate adjourned. 

2 o'clock, P. M. 
Senate assembled. 

Mr. Vawter introduced a letter from James D. Lanier, which was 
read and referred to the committee on claims. 

The following message was received from the House of Represen- 
tatives by Mr. Elliott their clerk. 

Mr. President — 

The House of Representativeshave adopted the following resolution: 

Resolved, That the Senate be invited to attend in the hall of the 

House of Representatives instanter, for the purpose of going into the 

election of Treasurer of State and Auditor of Public Accounts, and 

that seats be provided for th^m on the right of the Speaker's chair. 

Whereupon the Senate repaired to the hall of the House of Repre- 
sentatives for the purpose of electing said officers. 

The convention then proceeded to the election by ballot, of a Trea- 
surer of State, and upon counting the votes it appeared that 

Nathan B. Palmer received 77 votes, 

William Sheets « 61 « 

Scattering 6 " 

Nathan B. Palmer having received a majority of all the votes given, 
was declared by the President duly elected for the term of three years 
from and after their present term of service. 

The convention then proceeded to elect by ballot an Auditor of Pub- 
lic Accounts, and on counting the votes it appeared that 

Morris Morris, received 83 votes. 

Mayhew, « 31 « 

Tingle, " 26 « 

Scattering 5 " 

Morris Morris having received a majority of all the votes given, was 
declared by the President duly elected for the term of 3 years, from 
and after their present term of service. 

The election for which the houses convened, having been gone 
through, the Senate returned to their chamber. 



107 

On motion of Mr. Clark, 

Resolved^ that the Governor's Message be committed to a committee 
of the whole Senate, for to-morrow. 
On motion the Senate adjourned. 



TUESDAY MORNING, Dec. 12. 

Senate assembled. 

Mr. Dunning presented a petition from William Ross and others, 
praying that the old location of the Indianapolis and Leavenworth 
state road, leading from Bloomington to Bedford remain as it now 
does, &:c. 

Which was referred to the committee on roads. 

Mr. Moore presented a petition from John White and others, pray- 
ing a more expeditious and economical mode of collecting the reve- 
nue, &c; 

Which was referred to a select committee composed of Messrs. 
Moore, Dunning, Siglerand Thompson of P. 

Mr. Dobaon from the select committee for that purpose now reports; 

Mr. President — 

The select committee to whom was referred a resolution of the 
Senate, on the subject of printing numbers of the standing and 

joint rules, have had that subject under consideration, and have di- 
rected me to report for the adoption of the Senate, the following res- 
olution: 

Resolved, That a select committee be appointed, whose duty it shall 
be to compile for publication the standing rules of the Senate, and 
the joint rules of the present General Assembly, and that when the 
same shall have been compiled, that copies of each be printed 

for the use of the members of the Senate. 

On motion of Mr. Kennedy, the blank was filled with two hun- 
dred; and ordered that Messrs. Morgan of R., Clark and Stanford be 
that committee. 

On leave being granted, Mr. Thompson of L. from the judiciary 
committee now reports: 

Mr. President — 

The judiciary committee to whom was referred the resolution of 
the Senate, instructing an inquiry into the expediency of so amending 
an act entitled an act relative to crime and punishment, approved 
February 10th, 1831, so as to provide that defendants upon present- 



108 

ment or indictment for offences punishable by fine alone, shall, when 
there are several presentments or indictments for the same character 
of offence, have the right to consolidate and plead to the same as if 
there were one presentment or indictment, have directed me to report 
the following bill: 

A bill No. 10, amendatory of the act entitled an act relative to 
crime and punishment, approved Feb. 10, 1831. 

Ordered to a second reading on to-morrovsr* 

Mr. Thompson of L.,also reports: 

Mr. President — 

The judiciary committee to which was referred the petition of Josh- 
ua Giffing, praying a change of venue in certain cases now pending 
and undetermined against him in the circuit court of Monroe county, 
have had the same under consideration and have directed me to report 
the following bill: 

A bill authorising a change of venue in certain cases therein named. 

Ordered to a second reading on to-morrow. 

Mr. Thompson of L. of said committee now reports: 

Mr. President — 

The committee on the judiciary to whom was referred the resolu- 
tion of the Senate, instructing an inquiry into the expediency of re- 
quiring prosecuting witnesses to pay costs in cases of misdemeaaors, 
where there is a failure of conviction, have had the subject under 
consideration and have instructed me to report that it is inexpedient 
to legislate thereon, and ask to be discharged from the further con- 
sideration thereof. 

The committee were discharged from the further consideration of 
said resolution. 

Mr. Thompson of L. of said committee further reports: 

Mr. President — 

'1 he judiciary committee to whom was referred the resolution of 
the Senate, directing an inquiry into the expediency of prohibiting 
individuals and corporations from collecting, by law, debts due them, 
in specie, from this time until the expiration of three months after the 
State Bank of Indiana and its branches shall have resumed specie pay- 
ments for their notes; and also the resolution of the Senate directing 
an inquiry into the expediency of providing by law that the State Bank 
of Indiana shall not have power to sue for or collect any moneys loan- 
ed in the state, until the bank shall resume specie payments, submit 
the following report: 

The committee regard each of these resolutions as embracing prin- 
ciples entirely assimilated, and which, in the conception of the com- 
mittee, have been long since adjudicated upon and conclusively settled. 



109 

The ConstKution of the United Stales, in the first clause of the tenth 
section of the first article thereof, provides that "no state shall enter 
into any treaty, alliance or confederation ; grant letters of marque and 
reprisal; coin money; emit bills of credit; make any thing but gold 
and silver coin a tender in payment of debts ; pass any bill of attainder; 
ex post facto law^ or lazo impairing the obligation of contracts; or grant 
any title of nobility." 

Upon the first branch of the first resolution, which relates to a pro- 
hibition of the collection of debts in specie, it cannot be necessary to 
detain the Senate, the Constitution having settled it, beyond cavil or 
dispute, that nothing but '•'•gold and silver coin''^ shall be a ^Hegal tender 
inpayment of debts.''"' Nothing appears more manifest to the commit- 
tee than that, if a law were passed upon this branch of the resolution, 
it would be a clear violation of the paramount law of the land — the 
Constitution of the United States. 

The second branch of the first and the whole of the second resolu- 
tion embrace but one principle — a principle retrospective in its cha- 
racter. There can be no doubt but that a State may pass laws limit- 
ing or extending the time for the collecting of prospective debts, and 
in the exercise of that power, our replevin or stay laws were enacted; 
but in no instance has she the power to pass a law acting retrospective- 
ly upon debts already contracted, either aflfecting the remedy of the 
creditor, the time of payment, or the "obligation of the contract," by 
which the liability was created.. {SergeanCs Constitutional Lazv, 363.) 
A State may pass usury laws, operating upon future contracts. {Far- 
mer and Mechanics'' Bank vs. Smith, see Whcaton''s Reports, 131.) But 
she cannot deviate a contract from its terms, by postponing or accele- 
rating the period of performance which it prescribes, imposing condi- 
tions not expressed in the contract, or dispensing with the performance 
of those which are, however minute or apparently immaterial in their 
eflfect upon it. The exercise of this power would be clearly a viola- 
tion of the Constitution of the United States — for it would '•Hmpair the 
obligatian''' of the contract. {Donaldson vs. Harvey, 3 Haw. and Mc- 
Henry''s Reports, 12. 

In support of the principle assumed by the committee, they refer the 
Senate to the following adjudicated cases: 

The legislature of North Carolina, in 1812, passed an act declaring 
that any court, rendering judgment against a debtor between the 3Ist 
of December 1812, and the 1st February 1814, should stay the execu- 
tion, until the first term or session of the court after the latter period, 
upon the defendent's giving two freehold securities. This law, by 
the Supreme court of that State was held to be contrary to the clause 
of the Constitution, which the committee have quoted above, and de- 
clared void. {Crittenden vs. Jones, 5 HnlPs Lazo Journal 520. — Grim' 
ball vs. Ross, 2. Hall's Constitutional Lazo Journal 93. — Golden vs» 
Prince 2, HalPs Lazo Journal 507.) 

The Legislature of Missouri enacted that proceedings should be 
stayed for two years and a half on execution, whereon the plaintifl 
should not endorse that he would take property in payment, at two 
thirds of its appraised value, and requiring that when this was done, 



no 

and the defendant had given bond with securify for the payment of the 
debt, or pledged real property therefor, (hat tlie Sheriff should release 
the person or property taken in execution. {SergeanCs Constitutional 
Law, 364.) This act was decided by the Courts of Missouri to be a 
violation of the Constitution of the United States, because it impaired 
the validity of a contract, and required ''property" payment for a debt, 
when the constitution positively forbids that any thing but^oW and sil- 
ver coin should be a tender in payment of debts. (Glasscock vs. Steen, 
Circuit Court of the county of St. Louis; also Sergeant's Constitution- 
al Law, 364 note (K.) 

The Legislature cf Kentucky, in 1820, during the excitement which 
prevailed in that State, consequent upon the derangement of her cur- 
rency, passed an act, permitting a plaintitT, on issuing execution upon 
his judgment, to endorse thereon that he would take paper of the 
Bank of the Commonwealth, or of the Bank of Kentucky, in discharge 
of it, and providing that if he failed to make that endorsement, the de- 
fendant might replevy or stay the debt for two years. In addition, 
this act provided that no execution should issue upon any judgment 
within ten days after the end or term of the court at which judgment 
should be rendered, within which time, if the plaintiff failed to make 
the necessary endorsement with the Clerk, the defendant was permit- 
ted to enter into a recognizance for the payment of the money in two 
years. Cases arose under this law, upon motions to quash the recog- 
nizances thus taken, and the inferior courts held that the law was un- 
constitutional. This opinion was sustained by the court of appeals of 
Kentucky, the opinion of the Court being, that the legal obligation of 
a contract, within the meaning of the constitution, consists in the reme- 
dy given by the law to enforce its performance. (Sergeant's Consti- 
tutional law, 365, text and note (L). 

In another case, which the committee quote from the work of that 
distinguished writer upon constitutional law, Thomas Sergeant, a fieri 
facias had issued after the passage of this act, upon a replevin bond, in 
which the defendants had, prior to the passage sf the act, stipulated to 
pay to the plaintiff, in one year, the amount of an execution which had 
previously issued against two of them in favor of the plaintiff, upon a 
judgment obtained by him against them in an action on their bond. 
The Sheriff returned to this fieri facias, levied and replevied, and re- 
turned a replevin bond conditioned to pay the debt and costs within 
two years. A motion was made in the court below to quash the last 
replevin bond, which was overruled, but on appeal, the Court of Ap- 
peals reversed the judgment of the court below, and remanded the 
proceedings with directions to quash the last replevin bond, holding the 
law, authorizing the bond, to be a violation of the Constitution of the 
United States. And in this case (Lapsley vs. Brasher) Judge Mills, 
a very distinguished jurist, held, that future as well as past contracts 
were within the clause of the Constitution, quoted by the committee, 
but the committee would not be understood as urging the correctness 
of this opinion upon the Senate, inasmuch as they have not been ena- 
bled to find it sustained elsewhere. 

The committee think it unnecessary to quote other authorities to 
Bustain their position ; it must be apparent to the Senate that a contract 



ill 

made under our laws as they now exist, must be enforced by thosg 
laws. The law now in force in this State, and under which all bank 
debts, and perhaps the most of others now due, were contracted, giv- 
ing a stay of execution for thirty, eighty, ninety, one hundred and 
twenty, one hundred and fifty and one hundred and eighty days, regu- 
lated by the amount of each debt, any act of the Legislature, extend- 
ing those times, so as to operate upon those debts, either by extending 
the time for their payment or postponing the time for commencement 
of suit, would be most clearly, a violation of the spirit and letter of the 
Constitution of the United States. 

Entertaining these opinions, the committee have directed me to re- 
port, that it is inexpedient to legislate on the several subjects embra- 
ced in said resolutions, and ask to be discharged from the further con- 
sideration thereof. 

The committee were accordingly discharged. 

Mr. President^ 

The committee on the judiciary to whom was referred the resolution 
of the Senate, instructing that committee to give their opinion of the 
constitutional difference between passing a law to extend the stay of 
execution on debts contracted previous to this time, and passing a law 
that shall release all debtors from the payment of all debts for a given 
time, and whether either or both may or may not be considered ex 
post facto laws, have directed me to report — 

That they cannot readily distinguish between the legal character of 
a law extending the stay of execution on debts now due; and a law re- 
leasing debtors from payment for a given time, unless it be that the 
one affects the debt after judgment, and the other postpones the time 
for the commencement of suit. In either case, their is an exercise of 
a power forbidden by the constitution of the United States, in the 
first clause of the 10th section of the first article thereof, because it 
impairs the obligation of the contract which created the liability to 

pay- 
As it regards the last clause of the resolution, the committee have 
only to remark that, neither enactment would am.ount to an ex post 
facto law; the prohibition in the constitution in relation to the passage 
of a law of that kind, being intended to apply exclusively to criminal 
or penal cases, and not to civil cases. An ex post facto law consists in 
declaring an act penal or criminal, which was innocent when done; or 
raising the grade of an offence, making it greater than when it was 
committed, or changing the punishment after the commissson of the 
offence, makmg it more severe than when it was committed; or alter- 
ing the rules of evidence, so as to allow different or less evidence to 
convict the oflfender, than was required when the offence was commit- 
ted. This opinion of the committee may be found sustained in the 
case of Calder vs. Bully 3 Dallas' Reports, 486, and in Sergeant on 
Constitutional Law, pages 356-7: but the committee has been unable 
to find any principle or decision recognizing the opinion that ex post 



112 

faclo laws pertain to contracts. Indeed, if a law impairing the obli- 
gation of contracts were an ex post facto law, the fact of finding each 
of those expressions in the constitution of the United States, would 
raise a presumption that the framers of that instrument were unable 
to distinguish between them; a presumption not warranted by their 
own or the character of the instrument itself. 

On motion of Mr. Morgan, 

Resolved, That the select committee appointed to compile the Stand- 
ing Rules of the Senate, and Joint Rules of the two Houses, shall, pre- 
vious to the printing of said rules and joint rules, report the same to 
the Senate, recommending such amendments to the standing rules of 
the Senate as the committee may deem necessary; and 

On motion of Mr. Morgan of Rush, 

Mr. Thompson of L. was added to said committee. 

On motion of Mr. Puett, 

Resolved, That the committee on the judiciary be instructed to in- 
quire into the expediency of repealing so much of the 39th section of 
the laws of 1831, (governing "courts probate,") as relates to the dis- 
posing of the real estates of infants, &:.c. for the purpose of re-investing 
the proceeds of such estates. 

The following message was received from the House of Represen- 
tatives, by Mr. Thompson, their member: 

Mr. President — • 

The House of Representatives have passed a memorial and joint 
resolution of the House, No. 14, " a memorial and joint resolution re- 
lative to the Wabash and Erie canal," in which the concurrence of 
the Senate is respectfully requested. 

The " memorial and joint resolution" was by consent read a first 
and second time, and the rules of the Senate being dispensed with, it 
was read a third time now — the question then being on its passage— 
and the Senate decided in the affirmative. 

Mr, Brady moved the following resolution: 

Resolved, That the judiciary committee be instructed to inquire into 
the expediency of reporting a bill providing for an increase of the 
per diem compensation of grand and petit jurymen, and that of asso- 
ciate judges, to such an amount as shall be reasonable and just. 

Mr. Thompson of P. moved to amend, by inserting the word "wit- 
nesses," which was agreed to. 

The question then recurring, "shall the resolution be adopted?" and 
%he Senate adopted said resolution. 

On motion of Mr. Stewart, 

Resolved, That the committee on the judiciary be instructed to in- 
quire into the expediency of repealing all laws now in force inflicting 
the punishment of death, and substituting in lieu thereof solitary con- 
finement in the State prison, with leave to report by bill or otherwise. 

Mr, Finch offered the following resolution: 



113 

Resolved, That the secretary of State be requested to make out and 
furnish to the public printers of the Senate, a complete index of the 
journals ordered to be printed by the Senate, for which he shall be 
allowed the same compensation as was allowed the secretary of State 
for indexing the journals of last session; which was by consent laid on 
the table. 

Mr. Thompson of J. offered the following resolution: 
Resolved, That the judiciary committee be instructed to inquire in- 
to the propriety of repealing an act to amend the several acts regula- 
ting the jurisdiction and duties of justices of the peace in the several 
counties therein named, approved Feb. 7th, 1835, so as to make the ju- 
risdiction and duties of justices of the peace uniform throughout the 
state, with leave to report by bill or otherwise. 

Mr. Thompson of L. proposed the following amendment: 
And that said committee inquire into the expediency of making the 
jurisdiction of the justices of the peace co-extensive with each couttty. 
Mr. Clark moved the following amendment to the amendment: 
To strike out all after the word expediency and insert as follows: 
Of limiting in all civil cases the jurisdiction of justices of the peace 
to their respective townships. 

The question on striking out being put, the Senate decided in the 
affirmative. 

The question then recurring on the amendment to the amendment; 
which being put was decided in the nevative. 

Mr. Dunning moved to stike out all that part of said resolution af- 
ter the words 1835; and, 

On motion of Mr. Thompson of P. said resolution was laid upon 
the table. 

On motion of Mr. Morgan of R., 
Resolved, That the committee on the judiciary be instructed to in- 
quire into the expediency of transferring the probate business to the 
presidents of the circuit courts, and fixing the compensation of said 
president judges for such extra service within the amount now paid 
to probate judges. 

On motion of Mr. Dunn, 
Resolved, That the judiciary committee be instructed to inquire into 
the expediency of so changing the criminal law as that capital pun- 
ishments in future shall not be public. 

The following resolution was offered by Mr. Cole: 
Resolved, That the committee on the judiciary be instructed to in- 
quire into the expediency of amending the law relative to the mode of 
doing county business, in such a manner as to have it done uniformly 
throughout the state, with leave to report by bill or otherwise. 
Mr. Thompson of L. moved to amend as follows: 
By inserting county commissioners; 
Which amendmend and resolution was adopted. 
15 



114 

Mr. EwiDg of the committee on enroled bills now reports; 
Mr. President — 

The joint committee on enrolled bills, report that they did this day 
present to his Excellency the Governor for his approval and signature 
a bill of the following title, to-wit: 

No. 3 — An act legalizing certain proceedings in relation to certain 
school lands and school trustees in Lawrence county. 
On motion of Mr. Kennedy, 

Resolved, That the judiciary committee be instructed to inquire in- 
to the expediency of repealing so much of an act entitled an act regu- 
lating the jurisdiction and duties of justices of the peace, approved 
Feb. 10, 1831, as requires a justice in any case to issue a scire facias 
against a replevin bail; and that the committee be requested to inquire 
into the expediency of requiring justices to give the 1st execution on 
all judgments rendered by them against the judgment debtor and re- 
plevin bail jointly, noting in said execution that it shall be the duty of 
the officers to make the money demanded in the execution out of the 
property of the judgment debtor if the same can be done; on default of 
which, he shall make the same outof the goods of the replevin bail. 

On leave being granted, Mr. Thompson of L. introduced 

A Bill No. 5, making an appropriation of part of the 3 per cent, 
fund in Lawrence county; 

Which was read a first and second time by consent; the rules of the 
Senate being dispensed with, it passed to a third reading now ; and on 
the question shall the bill pass, the Senate decided in the affirmative. 
On motion, the Senate adjourned. 



2 o'clock, P. M. 

Senate assembled. 

in conformity to the resolution of Mr. Clark, the Senate resolved 
itself into a committee of the whole on the Governor's message, Mr. 
Thompson of L. in the chair, and after sometime spent therein, the 
President resumed the chair, and Mr. Thompson of L. reported that 
the committee had, according to order, the same under consideration, 
and had adopted the following resolutions, in which the concurrence of 
the Senate is requested, to-wit: 

1. Resolved, That so much of his Excellency the Governor's mes- 
sage as relates tothe State Bank, be referred to the committee on the 
State Bank. 

2. Resolved, That so much of the Message of the Governor as re- 
lates to assessing and collecting the revenue of the State, in- 
complete assessments, and deficiencies in the quantity of lands, return- 
ed from many counties, compared with preceding years, be refered to 
the committee of Ways and Means. 



115 

3. Resolved, That so much of the Governor's Message as relates to 
the operations on Canals, M'Adamized, and Rail Roads; also at the 
rapids of the Wabash, be referred to the standing committe on Canals 
and Internal Improvements. 

4. Resolved, That so much of the Governor's Message as relates to 
the selection of Michigan Road Lands, the sale of the same, and the 
application of funds arising from the sale of said lands, to the improve- 
ment of said Road, be referred to a select committee. 

Resolved, That so much of the Governor's Message as relates to the 
LawrenceburghRail Road, and the surrender of the Companey's char- 
ter to the State, be referred to the standing committee on canals and 
Internal Improvements. 

6. Resolved, That so much of the Governor's Message as relates to 
a Geological Survey, be referred to the standing committee on Wajs 
and Means. 

7. Resolved, That so much of His Excellency's message as relates 
to patronizing Mr. Cotton's Map, be referred to the standing commit- 
tee of the State Library. 

8. Resolved, That so much of the message of the Governor as relates 
to the 3 per cent, fund be referred to the standing committee on roads. 

9. Resolved, That so much of the Governor's message as relates to 
the fund commissioners, and their mode of depositingand keeping such 
funds, as they from time to time obtain for Internal Improvement, and 
the pay of said commissioners, be referred to the standing committee 
on the Canal Fund. 

10. Resolved, That so much of the message of the Governor as re- 
lates to the depositing the Surplus Revenue of the United States, with 
the several States, and the failure to deposite the 4th instalment with 
the several States be referred to the standing committee on Canals and 
Internal Improvements. 

11. Resolved, That so much of the message as relate to the building 
of tire-proof houses for the public offices and archives of the State, be 
referred to the committee on Public Buildings. 

12. Resolved, That so much of the Governor's Message as refers to 
the Fort Wayne and Lake Michigan Canal, be referred to the com- 
mittee on Canals and Internal Improvements. 

13. Resolved, That so much of the Governor's Message as relates to 
the appointment of Pilots at the Falls of the Ohio, be referred to the 
committee on Roads. 

14. Resolved, That so much of the Governor's Message as relates to 
the New Albany and Vincennes Turnpike Road preparing the met- 
tal for the completion of said work, be referred to the standing commit- 
tee on Canals and Internal Improvements. 

15. Resolved, That so much of the Governor's Message as relates to 
the increase of business of the Judicial Circuits, be referred to the 
committee on the Judiciary. 

16. Resolved, That so much of the message of the Governor as re- 
lates to Saline Lands, the sales ihereof, and the imperfections of the 



116 ^ 

system, as suggested in the message, be referred to a select committee. 

17. Kesolved., That so much of the Message of the Governor as re- 
lates to the State college at Bloomington and the establishment of a State 
University, be referred to the standing committee on Education. 

18. Resolved, That so much of the Governor's message as relates to 
the State Prison, be referred to the committee on the State Prison. 

19. Resolved, Thatso much of the message of the Governor as re- 
lates to the Tippecanoe Battle Ground, and its enclosure, be referred 
to the standing committee on Millilary Affairs. 

20. Resolved, That so much of His Excellency the Governor's 
Message as relates to the extension of the Northern Canal, with a view 
to an intersection with the Michigan and Illinois Canal, be referred to 
a select committee. 

21. Resolved, That so much of the Governor's Message as relates to 
the Michigan Road be referred to the committee on Canals and Inter- 
nal Improvements. 

Ordered, That Messrs. Baird of St. Joseph, Ewing, and Walker be 
the committee on resolution No. 4. Messrs Vawter, Thompson of P., 
and Watt of Union, committee on resolution No. 16; and Messrs. 
Ewing, Cathcart, Baird of St. Joseph, Crawford and Dunning the 
committee on resolution No. 20. 

Mr. Cathcart introduced a "memorial and joint resolution, (No. 6,) 
of the General Assembly of the State of Indiana, in relation to the 
harbor at Michigan city;" which being read a first and second time 
by consent, the rules of the Senate were further dispensed with, and 
it passed to a third reading now. 

The question then recurring, "shall the memorial and joint resolu- 
tion pass?" and the Senate decided in the atHrmative. 

Mr. Moffitt introduced "a bill (No. 7,) for the prevention of injuries 
to the National Road in Indiana." 

Ordered to a second reading on to-morrow. 

Mr. Bowen introduced "a bill (No. 8,) to appropriate a part of the 
Three per Cent. Fund in Fountain county." 

Which being read a first and second time by consent, the rules of 
the Senate were further dispensed with, and was read a third time, 
and passed. 

Mr. Finch introduced "a bill (No. 9,) to incorporate the West Del- 
phi Bridge Company;" which being read, was referred to the standing 
committee on corporations. 

The following message was received from the Governor, by his pri- 
vate secretary, Mr. Maguire — 

Mr. President— 

1 am requested by the Governor, to inform the Senate that he did, 
on this day, approve and sign an act, which originated in the Senate, 
entitled 

An act legalizing certain proceedings in relation to certain school 
lands, and school trustees in Lawrence county. 



117 

On motion of Mr. Brady, the communication of the Governor, rela- 
tive to the nomination of supreme judges, was taken from the table, 
and the Senate, with closed doors, took up the nomination? severally 
for consideration. 

Mr. Daily offered the foUowiug resolution: 

Resolved, That the Senate do advise and consent to the nomination, 
of the Hon. Charles Dewey, as one of the judges of the supreme court 
of Indiana. The ayes and noes being called for, 

Those who voted in the affirmative were, 

«. Messrs. Baird, Beard of M., Bell, Bowen, Bradbury, Brady, Casey, 
Cathcart, Chambers, Clark, Cole, Colerick, Crawford, Daily, Dobson, 
Dunn, Dunning, Elliott, Ewing, Finch, Green, Hackett, Kennedy, Lit- 
tle, Mitchell, Mofiitt, Moore, Morgan of D., Morgan of R., Mount, 
Puett, Sigler, Smith, Stafford, Stanford, Stewart, Terman, Thompson, 
of J., Thompson of L.» Thompson of P., Trask, Tuley, Walker, Watts 
of D., Watt of U. and Vawter— 46. 

So said resolution was adopted unanimously. 

Ordered, that the Governor be informed thereof. 

Mr. Brady offered the following resolution: 

Resolved, That the Senate do advise and consent to the appointment 
of Isaac Blackford, as one of the judges of the supreme court of In- 
diana. The ayes and noes being called. 

Those who voted in the affirmative were, 

Messrs. Baird of St. Joseph, Beard of M., Bell, Bowen, Bradbury, 
Brady, Casey, Cathcart, Chambers, Clark, Cole, Colerick, Crawford, 
Daily, Dobson, Dunn, Dunning, Elliott, Ewing, Finch, Green, Hacket, 
Kennedy, Little, Mitchell, Mofiit, Moore, Morgan of D., Morgon of R., 
Mount, Puett, Sigler, Smith, Stafford, Stanford, Stewart, Terman, 
Thompson of J., Thompson of L., Thampson of P-, Trask, Tuley, 
Walker, Watts of D., Watt of U. and Vawter.— 46. 

So said resolution was unanimously adopted. 

Ordered, that the Governor be informed thereof. 

Mr.- Vawter introduced the following resolution: 

Resolved, That the Senate do advise and consent to the nomination 
of Jeremiah Sullivan, as one of the judges of the supreme court. The 
ayes and noes being called. 

Those who voted in the affirmative were, 

Messrs. Baird of St. Jos., Beard of M., Bowen, Casey, Clark, Cole, 
Colerick, Crawford, Dunn, Elliott, Green, Little, Morgan of D. Mount, 
Smith, Stafford, Stanford, Stewart, Thompson of J., Thompson of L., 
Thompson of P., Trask, Walker, Watts of D. and Vawter. —25. 

Those ivho voted in the negative ivere, 

Messrs. Bell, Bradbury, Brady, Cathcart, Chambers, Daily, Dobson, 



118 

Dunning, Ewing, Finch, Hacket, Kennedy, Mitchell, Moffit, Moore, 
Puett, Sigler, Terman, Tuley and Watt of U.— 20. 

So said resolution was adopted. 

Ordered, that the Governor be informed of the adoption (hereof. 

On motion, the Senate adjourned. 



WEDNESDAY MORNING, Dec. 13, 1837. 

Senate assembled. 

Mr. Ewing presented a petition of Samuel Sperry and others, pray- 
ing the General Assembly "to legalize the proceedings of the assessor 
from Fulton," &c. Referred to a select committee composed of 
Messrs. Ewing, Cathcart, and Green. 

Mr. Trask presented a petition of Morton Jones and others, relative 
to a state road leading from Andersontown to Marion, in Grant coun- 
ty, &c. Referred to a select committee composed of Messrs. Trask, 
Bell and Cole. 

Mr. Ewing presented a petition from C. Vigus and others, praying 
a location of a state road from Logansport to Noblesville in Hamilton 
county. 

Referred to committee on roads. 

Mr. Thompson of L., presented three several petitions on the same 
subject from Edward Edwards and others praying a vacation of the 
state road leading from Bono to Bedford. 

Referred to a select committee composed of Messrs. Thompson of 
L., Daily, and Crawford. 

Mr. Beard of M., of the committee on roads reports, 

Mr. President — * 

The committee on roods to which was referred the petition of Ja- 
cob Ruple and others praying the location of a state road from James- 
town in Elkhart county, by way of Plymouth, in Marshall county, to 
the Fort Wayne state road, near Jacob Burket's, in St. Joseph coun- 
ty, have had that subject under their consideration and directed me to 
report the following bill, entitled 

A bill No. 10 — to establish a state road from Jamestown, in Elkhart 
county, to Plymouth in Marshall county and to the "Fort Wane state 
road near Jacob Burkets in St. Joseph county," 

Which was read a second time by consent and referred to a select 
committee, composed of Messrs. Crawford, Baird of St, Joseph, and 
Colerick. 



119 

Mr. Dunning from the select committee appointed for that purpose 
now reports: 

Mr, President — 

The select committee to which was referred a bill entitled 

A bill to provide for the division of the 7th and the formation of the 
10th judicial circuit, and for other purposes, have had the same under 
consideration and are of opinion, upon a full investigation of its provi- 
sions, that the bill should pass and have instructed me to report the 
same back to the Senate without amendment. 

On motion the Report and bill were laid on the table. 

On motion of Mr. Crawford, 

Resolved, That the Governor be requested to lay before the Senate 
any communication that he may have received from the Governor of 
the State of Illinois relative to the continuation of the Buffalo and 
Mississippi rail road in or through the state of Illinois. 

On motion of Mr. Smith, 

Resolved, That the committee on canals and internal improvement 
be instructed to inquire what means shall be employed, and what mode 
of improvement shall be adopted for the further improvement of the 
Michigan road, so as to secure usefulness to the public, and save to the 
State the great amount of public money expended on that extensive 
and useful! thoroughfare, running as it does from north to south 
through the entire extent of the State, with leave to report by bill or 
otherwise. 

On motion of Mr. Walker, 

Resolved, That the committee on canals and internal improvements 
be instructed to inquire into the expediency of aiding in some way or 
other, the Lawrenceburgh and Indianapolis rail road company, either 
as named by the Governor's message, or by the state taking a part of 
the stock. 

Mr. Baird of St. Joseph, moved the following resolution: 

Resolved, That the committee on roads be instructed to inquire into 
the expediency of requiring supervisors of roads to call out the hands 
(now required by law) each year to improve the said roads so as to 
perform labor upon the same any number of days not exceeding six in 
each year for each hand; and also into the expediency of making it an 
indictable offence, in case of any failure on the part of supervisors to 
keep the public roads in good repair, subject to a fine upon conviction 
thereof, of dollars, with leave to report by bill or otherwise. 

On motion of Mr. Tuley,said blank was filled with twenty-five. 

The question then being put on the resolution, it was adopted. 
On motion of Mr, Stanford, 

Resolved, That the committee on roads be instructed to inquire what 
amendment, if any, is necessary to make the practice of supervisors of 
roads uniform under the 49th section of an act entitled an act for open- 
ing and repairing roads and highways, approved Feb. 10, 1831. 
On motion of Mr. Tuley, 

Resolved, That the committee on roads be instructed to inquire into 



120 

the expediency of repealing an act to amend an act to regulate the 
mode of doing county business, approved Feb. 7, 1835, or bo much 
thereof as relates to supervisors of roads. 
On motion of Mr. Mount, 

Resolved, That the committee on vv^ays and means be instructed to 
inquire into the expediency of so amending the laws providing for the 
sale ©f canal lands, approved Jan. 20, 1830, and all laws amendatory 
thereto in the following particulars, to-wit: That when any person or 
persons shall have incurred a forfeiture for the non-payment of the in- 
terest in advance as required by existing laws, which shall not have 
been already sold, in pursuance thereof, the commissioner whose du- 
ty it is to receive the same shall be directed to charge such delinquent 
fifteen per cent, penalty and at the rate of twenty five per cent per 
annum interest, and that no forfeiture shall be incurred until after the 
expiration of 3 years after such delinquency on lands, hereafter as well 
as heretofore subject to forfeiture under existing laws; and that they 
further inquire into the expediency of permitting any person or per- 
sons indebted for said lands to pay to such commissioner at the time 
of paying the interest any part of the principal to be placed to the 
credit of such purchaser; and that they further inquire into the expe- 
diency of taxing said canal lands, and report by bill or otherwise. 
On motion of Mr. Brady, 

Resolved, That the standing committee on roads be instructed to in- 
quire into the expediency of reporting a bill providing for a more effi' 
cient method of improving the public highways, and at the same time 
less expensive to the country. 
On motion of Mr. Daily, 

Resolved, That the Secretary of State be respectfully requested to 
lay before the Senate, the semiannual reports of the superintendent of 
the state prison, if such reports be made in accordance with the 6th 
and 7th sections of an act for the regulation of the state prison ; also all 
otherinformation, if any, in his possession connected with the govern- 
ment of said prison. 

On leave being granted, Mr. Ewing of the committee on that sub- 
ject now reports, 

A bill. No. 11 — to legalize the acts and doings of Anthony F. 
Smith as assessor for the county of Fulton, for the year 1837, vfhich 
was read a first and second time by consent; the rules of the Senate 
being further dispensed with, the bill was considered as engrossed, 
read a third time and passed; 

Ordered, That the House of Representatives be informed thereof, 
and their concurrence requested. 

Mr. Morgan introduced a joint resolution of the General Assembly 
of the State of Indiana, which was ordered to a second reading on 
to-morrow. 

Mr. Crawford of the select committee on that subject, reports 

That the select committee to whom was referred a bill to establish 
a state road from Jamestown, in Elkhart county, to Plymouth in Mar- 



# 



121 

shall county, and (o the Fort Wayne state road near Jacob Burket's in 
St. Joseph county, make the following report: 

That they hare according to order, had that subject under consid- 
eration, and have directed me to report the bill back with an amend- 
ment c!S follows: Strike out of the 1st section all after the word 
county, in the 5lh line and insert the following: And also to locate and 
establish a state road from Jamestown, in Elkhart county, to the Fort 
Wayne State road near Jacob Burket's, in St. Joseph county: in 
which the concurrence of the Senate is respectfully requested ; 

Which amendment was concurred in, and the bill ordered to be en- 
grossed for a third reading to-morrow. 

Mr. Hacket, from the select committee, made the following report: 

Mr. President — 

The select committee to which was referred the petitionof Jeremiah 
Coulter and others, praying the change of the name of the town of Mid- 
dletown, in the county of Washington, to that of Claysville, have, ac- 
cording to order, had the said petition under consideration, and have 
instructed me to report a_bill to change the name of said town as 
prayed for, to- wit: 

A bilUochange'the namejof the^town of Middletown in Washington 
county to Claysville; 

W^hich bill was ordered to a second reading on to-morrow- 
Mr. Morgan of D., introduced a bill No. 16, entitled 'an act regula- 
ting the jurisdiction and duties"of Justices of the Peace,' approved Fe- 
buary 10th, 1831." 

Ordered, to a second reading on to morrow. 

Mr. Crawford introduced a bill No. 17, entitled 'a bill to locate a 
state road from Bristol in Elkhart county via Middlebury, to the Go- 
shen & Livia state road at ornear Andrews' Lake in Lagrange county. 

Ordered to a second reading on "to-morrow. 

Mr. Finch!presented a bill No. 18, entitled 'an act to locate a cer- 
tain state road therein'^named. 

Ordered to a second reading' on to-morrow. 

The President laid^ before the Senate a report from the Board o( 
Fund Commissioners. 

Ordered to Tie on the table and 2oO copies of the same beprinted. 

16 



12-2 

IE Be 

Indianapolis J \2th December, 1837, 



Office of the Board of Fund Commissioners,") 



Hon. David Hillis, 

President of the Senate : 

You will please lay the enclosed report before the Senate, and 
oblige yours, &c. SAM'L HANNA, ) Fund 

^ / CALEB B. SMITH, 5 Com'rs, 

Office of the Board of Fund Commissioners, 
Indianapolis, llth Dec. 1837. 

To the General Assembly of Indiana : 

The Board of Fund Commissioners in compliance with the duty 
imposed upon them by law, now present to the General Assembly a 
report of the loans negotiated since its last annual session, in pursu- 
ance of the requisition of the Board of Internal Improvement. 

On the 20th June last they negotiated a loan with Messrs. Christ- 
mas^, Livingston, Prime & Coster of the city of New York for $30,- 
000, — and between that time and the 1st October, they negotiated 
loans of the Morris Canal and Banking Co. of Jersey City, to the 
amount of ^2,000,000; for which they contracted to deliver transfer- 
rable certificates of stock bearing five per cent, interest, dated July 
1st, 1837, and payable in twenty-tive years, at the office of the Morris 
Canal and Banking Co., at Jersey City, or at their agency in the city 
of New York; the whole of whic'.i were delivered, except ^500,000, 
which were not taken on the 4th instant. 

Of the stock thus sold, §-430,000 were sold at par— ,§400,000 at 2 
per cent, premium — 200,000 at 3 per cent, premium — 1,000,000 at 2 
per cent, premium, and one half (he profit which may be made by the 
purchaser upon a re-sale, the aggregate premium upon 

which is, - . " . . . . §'34,000 

Making the whole amount receivable upon the stock 

sold ...... 2,064,000 

The premium on the whole, and the amount sold to 
Messrs. Christmas?, Livingston, Prime & Coster, was 
paid for at the time of making the contracts, amount- 
ing to - - - . . 64,000 
And the residue was made payable as follows, viz: Oct, 

1837 - - - . 230,000 

Isc November 1837 - - - 350,000 

1st December, " ... 120,000 

On 1st Jan., February and March, 1838, each $100,000 300,000 

On 1st April, May, June, July, August and September, 

1838, each .$150,000 . - 900,000 

On 1st October, 1837 - - - 100,000 

.$•2,064,000 



1-23 

The whole omounl drawing interest at the rate of 5 per cent, per 
annum, fronn the date of the bonas until drawn by the State. 

^380,000 of the above stock were sold on account of the Wabash & 
Erie Canal fund, and the residue upon account of the Internal Improve- 
ment Fund. The sums heretofore due have been promptly paid as the 
expenditures upon the public works required, and the balance will be 
drawn for according to the terms of the contracts. 

In consequence of the general suspension of specie payment by the 
Banks during the last spring, and the consequentdepreciation of paper, 
it became necessary for the Board on the 1st July last, to purchase spe- 
cie for (he payment of interest due upon that day upon the Stale bonds 
previously sold, for which they paid a premium of from 10 to 11 per 
cent. A refusal to have paid the interest in specie would have en- 
dangered greatly the credit of the State (liitherto so fair) and in all 
probability have prevented the success of any negotiation for loans 
during the present season. It cannot, however, be reasonably presu- 
med that the necessity of paying a premium for specie will long con- 
tinue to exist, as we have reason to hope that a resumption of specie 
payment by the banks will, in a short lime, become general. 

Of the sum of $'500,000 which was due from the Messrs. Cohens of 
Baltimore, for State bonds sold (hem in 1 836, there now remains a bal- 
ance in their hands, which including interest amounted on the 1st May 
last to ,^298,000, and which at this "time is not available. At the time 
the bonds were sold to the Messrs. Cohens, they were engaged in an 
extensive banking business, possessed a very fair credit, and were re- 
garded as safe as any banking institution in the eastern cities. They 
also gave the Messrs. Josephs, of the city of New York as security for 
the payment of the money due the State, who were also considered en- 
tirely responsible for the amount of bonds sold. The drafts drawn 
upon them by the Board were promptly paid, until, sometime during 
last spring, when they suspended business, and refused further pay- 
ments — the consequence resulting from the extensive pressure and gen- 
eral commercial embarrassment of the country, together with the pre- 
vious failure of their securities. 

Upon the receipt of the intelligence of the failure of the securities 
and the consequent embarrassment of the Messrs. Cohens, one of the 
members of the Board proceeded to Baltimore for the purpose of ma- 
king arrangements to secure the amount due the Stale, and succeeded 
in securing assignments of the bonds of the Winchester & Potomac 
Rail Road Co. for $44,000, payable Ist of May next, and bearing 6 
percent, interest; also stocks of the Baltimore & Ohio Rail Road Co^ 
and of the Baltimore & Susquehanna Rail Road Co. on which had 
been paid the sum of $78,880, and also an assignment of the interest 
of the Messrs. Cohens, in an attachment upon which the sum of 
$25,000 will probably be realized. He also received a deed for three 
hundred and eighty-four lots on the Hudson river in the city of New- 
York, upon which there is a mortgage for $65,000, payable some time 
in the year 1 839, the lots are generally estimated to be ofa value great- 
ly exceeding (he amount of the mortgage, but. the Board is not able to 



124 

say what amount could be realized from them. The Stocks and pro- 
perty were transfered as collateral security to the Slate. 

The Board during the last summer comnienced a suit against the 
Messrs. Josephs, in the city of New York, which is still pending. Du- 
ring the month of September, after suit was commenced against 
them, they executed to one of the Board, in trust for the Stale, a deed 
for forty-eight lots in Brooklin, opposite the city of New York, and 
one hundred and eighty-two lots in the city of New York, which are 
estimated to be worth about $150,000, but which are subject to a mort- 
gage of about $-47,000. They have also assigned a mortgage upon 
property in Poughkeepsie for $'30,000, but this property having been 
before sold under a mortgage previously executed, will require about 
^11,000 for its redemption. These deeds have been placed in the 
hands of a third person as escrows, to be returned if the Messrs. Jo- 
sephs are not, within ninety days, released from their liability upon 
their bond to the State as security for the Messrs. Cohens. The Messrs. 
Cohens have also proposed to secure the further sum of $65,000 if a 
release is executed to them. 

The Board not considering themselves inves'ed with power bylaw to 
compromise any claim of the Stale, or to execute a release to any of 
its debtors without full payment in money, have refused lo close any 
arrangement with either the Messrs Cohens or Josephs, which shall re- 
lease them from their liability to the State. They now present the 
subject to the General Assembly and would respectfully suggest the 
propriety of passing a law authorizing the board to compromise with 
the Messrs. Cohens «Si Josephs, and to execute a release to them upon 
the best terms they may be able to obtain ; and to secure as far as prac- 
ticable the interest of the State. Should this course be deemed ad- 
visable by the Legislature, it will be necessary, also, to give the Board 
power to pay off any incumbrances, taxes, or other claims due upon 
any property which may be transferred; and also lo rent or sell the 
same as they may deem advisable, and to pay any installments which 
may be requisite upon stocks assigned. The Board confidently enter- 
tain the opinion that should the arrangement proposed be acceded to, 
it will ultimately secure the State against any loss. An early action 
upon this subject would be desirable, as the time within which the 
Board have the option of concluding the arrangement will shortly ex- 
pire. 

Deeply impressed with the importance of providing means to pay 
the interest accruing upon the State bonds without resorting to taxa- 
tion to such an extent as may give room for complaint, the Board 
would respectfully recommend the creation of a sinking fund to aid in 
the payment of the interest and the gradual redemption of the princi- 
pal. For the purpose of effecting this object, the premiums which 
have been received upon the state bonds heretofore sold, and those 
which may be hereafter received upon subsequent sales, together with 
such funds as the legislature may think proper to apply for that purpose 
may be placed in the hands of the Sinking Fund Commissioners al- 
ready appointed, to be by them loaned out at a rate of interest to be 



1-25 

prescribed by law, and the accumulating interest to be again loaned 
until the fund shall reach an amount to be designated by the Legisla- 
ture. 

During the present year, the Board have issued bonds of the State 
to the Lawrenceburgh & Indianapolis Rail Road Company to the 
amount of $'121,000, which makes the whole amount issued to the 
company ^221,000. The law authorizing the issuing of the State 
bonds to the Company, requires the payment of the interest accruing 
upon them, by the Company, at someone of the Branches of the State 
Bank of Indiana. The interest* of the bonds is payable at New 
York, and should the company pay the amount at either of the Banks 
in this State, the state must incur a loss of the exchange necessary to 
procure eastern funds. They would therefore suggest the propriety 
of requiring the Company to furnish^ at New York such funds as 
will be necessary to pay the interest. 

The law above referred to gives the Board no authority to pay 
the interest accruing upon the bonds in the event of the Company 
failing to make the payments, and as it is necessary _for the credit of 
the State that the interest ?hould be punctually paid; this power 
should be given them. 

An account of disbursement of money during the present year, to- 
gether with a detail of the situation and state of the fund, is necessa- 
rily deferred to a future report after settlement with the Board of In- 
ternal Improvement. 

flespectfully submitted, 

SAM'L HANNA, > Fund 
CALEB B. SMITH, ^ Com'rs. 



126 

The President laid before the Senate a report with accompanying 
map diagrams from David Dale Owen, Geologist of the State. 

Ordered to lie on the table and 500 copies of the same be printed. 

NOTE ACCOMPANYING SAID REPORT. 

In perusing Geological Reports, the general reader is often at a loss to 
comprehend much of the matter they contain, as they are couched in lan- 
guage familiar only to those who may have devoted themselves to scientific 
pursuits. It is, doubtless, difficult, and in some cases almost impossible, 
to describe scientific facts, without either employing scientific terms, or else 
entering into long and tedious explanations; yet the most important and 
practical among geological facts may be generally described in a plain and 
familar manner. In this view the present observations on the Geology of 
Indiana are thrown into as popular and concise a form as possible, and the 
publication of more detailed scientific facts reserved for some future occasion, 
when the Geology of the country shall be farther developed. 



127 



To the Honorable 

the Legislature of Indiana : 

Gentlemen — 

In fulfilment of my duty as Geologist of the State of In- 
diana, and in accordance with the instructions contained 
in an act, entitled "An act to provide for a Geological 
Survey of Indiana," approved February 6th, 1837, I have 
commenced a Geological Examination of our State, of 
which I beg to communicate to you the results, in the fol- 
lowing 

REPORT: 

Before entering on the more immediate objects of Ihia 
report, a few words in reference to (he general character 
and principles of the Science of Geology, may not be use- 
less nor out of place. 

The Science of Geology, of comparatively modern date, 
is now universally conceded to be one, not of mere curious 
inquiry, but of vast practical utility. It indicates, not on- 
ly to the closet philosopher a boundless field of conjecture 
whereon to erect theories of creation and systems of the 
world; but, to the manufacturer, the raw material, whence 
mineral riches are abundantly derived; and, and to the 
farmer, the means of improving soils that nature seems to 
have disfavored. 

In older states, and more thickly settled countries. Sci- 
ence, going hand in hand with Commercial Enterprise, has 
already seized upon all the mineral riches that more im- 
mediately present themselves. Here, in our young state, 
comparatively untrodden by the footsteps of inquisitive 
Science, we have a rich and productive field, on which 
to imitate their enterprize, and rival their discoveries. 

Even the imperfect susvey which time has yet permit- 
ted, has amply established the fact, that our citizens often 
unconsciously tread over hidden stores of mineral riches, 
which, when the researches of science shall have brought 
to light, the enterprise of this age of improvement will 
quickly seize upon, increasing at once the fortunes of indi- 
viduals and the resources of the state. The entire wes- 
tern portion of Indiana proves, on examination, to be rich 
in coal; and though our forests, in a measure, supply the 
place of this mineral, for the time being, the axe is busily 
at work among them, and the rapid increase of steam 



i28 

power, calling incessantly for fuel, is thinning them out 
from year to year. 

If it be argued, as it frequently is, that the researches 
of science are usually curious rather than profitable; I re- 
ply, first, that this greatly depends, in the case of Geology, 
upon the course pursued by the Geologist; and secondly, 
that many scientific que^^tions and learned-sounding classifi- 
cations, which at first sight appear to involve considera- 
tions of an abstract nature alone, do, in fact, lead to the 
solution of most practical and profitable problems. 

I have considered it my duty, while surveying a country 
so new as ours, to remember, that a state just settling, is 
like a young man starling in life, whom it behooves to se- 
cure to himself a competency, before he indulges in unpro- 
ductive fancies. I have considered it the most important 
object, to search out the hidden resources of the state, 
and open new fields of enterprise to her citizens. That 
object effected, time enough will remain to institute inqui- 
ries (which a liberal policy forbids us to overlook) of a less 
productive and more abstract character; inquiries which 
are interesting in a scientific, rather than a commercial, 
point of view. 

Yet must it be borne in mind, that some of the more ab- 
struse doctrines are essential to the successful prosecution 
of a search after mineral resources. It might, at first 
sight, appear, that a technical examination of the various 
geological formations in our state, of their relative super- 
position and inclination, and of the organic remains they 
contain; — it might seem to many, that such an examina- 
tion held out little promise of productive result. Those 
who would thus decide, are not aware, or must have for- 
gotten, that certain minerals are uniformly found in cer- 
tain formations, — often in one formation only. When, 
therefore, the character of a formation is known, the Ge- 
ologist can at once decide what minerals are likely to be 
contained within it, and what other minerals it would be 
useless to look for there. Thus, the peroxide of tin (tin 
ore) is never found except in a primary formation; while 
bog iron ore occurs in the more recent alluvial and diluvi- 
al deposites. It would be equally a waste of time to look 
for the former in a transition formation, and for the latter 
in primitive rocks. Instances are numerous of great waste 
of time and money by those to whom these truths are not 
familiar. One occurs to me, in which the venerable 
Charles Carroll of Carrollton was, if my memory serve me, 
a party interested. It happened in Maryland, near Ches- 
apeake Bay. The proprietor of the land chanced to see 
lignite scattered over its surface ; and supposing it to be im- 
perfect coal. he and several others sunk a shaft, obtained an 



m 

experienced practical miner from England, and expended 
upwards of tivenly thousand dollirs, in anticipation of 
large profits from a rich coal mine. A scientific gentleman 
living in t|,e neigliborhood, knowing that the formation in 
which ihcy were at work wa? one in which coal is not 
found, endeavored, without success, to dissuade the pro- 
jectors from their undertaking. They neglected his re- 
monstrances; and", 1 need hardly add, that the search was 
wholly abortive, and that the expenses incurred proved a 
dead loss. The above example is the more striking, as 
the English miner, who came over with the most satisfacto- 
ry recommendations as a workman of extensive practical 
experience, positively contracted to find a coal-bed at a 
cejtain d( pih. 

Instances might be multiplied, in which appearances 
have, in a similar manner, deceived the unscientitic observ- 
er. An aluminous slate, entirely unfit for fuel, occurs fre- 
quently in our state, which is continually mistaken for 
coal, because it resembles coal-shale, and burns for a short 
time when thrown on the fire. 

Again, sulphuret of iron, of little value, is very frequent- 
ly picked up as gold and silver ore, on account of its color 
and metalic appearance. Mica, too, is said to have decei- 
ved the avarice of the early settlers in Virginia; — the 
more readily, perhaps, that their imaginations were inflarn. 
ed by the tales of countless riches amassed by the followers 
of Cortez and Pizarro, in the southern portiod of the New 
World. 

Hence the importance of accurate scientific research, 
and of a general examination of the various geological 
formations of the state. 

But again: the age, and consequently nature and posi- 
tion, of the various members of the stratified formations, is 
best ascertained, not from the lithological character (min- 
eral structure) of the rock, but from the occurrence or non- 
occurrence of the petrified remains of animals and plants, 
and by the particular nature of these remains. Hence the 
examination of fossil remains is intimately connected with 
the discovery of mineral riches. 

Those unfamiliar with the science of Geology will bet- 
ter appreciate the foregoing, and more easily comprehend 
the observations contained in the body of the report, by 
giving their attention to the following brief remarks, con- 
taining the 

17 



130 

LEADING PRINCIPLES OF GEOLOGY. 

When we examine the crust of our earlh, with respect 
Distinction to the t xiernnl appearance of its rock formations, we dis- 
betweenStra- cover two marked and distinct classes of rock; one, form- 
Chf^stamne ''^ ^'"^ "^ layers of round stony particles, lying side by 
rocks. side, and fiequently containing the forms of animals or 

plants, termed fossils or petrifactions, impressed into their 
substance; the other, not made up of rounded component 
particles, but rather of anguhir chrystals, partaking more 
or less of regular geometrical forms, intruding i ne upon 
the other, and never imbedding organic remains. These, 
in geological language, are termed, the one Slratified-, the 
other, Chrysialline or Primitive rocks. (See diagrams No* 
1 and 2.) 
Origin of Stra- 'fhe stratified rocks seem to have been deposited frorTi 
Cr^'^taUi^ne^ water,al irregular intervals, throughout a long series of 
rocks. f^ges; while the chrystalline, closely resembling produc- 

tions of the laboratory and workshops, formed by a gradual 
consolidation from a molten to a solid state, are believed 
to have had an igneous origin. These two classes of rocks 
Grouping of have been respectively divided, for the sake of distinction, 
the rocks. jnio several groiipes or stjbdivisions, each of which has its 
own peculiar ores and minerals. The order of succession 
of the stratified rocks is represented in diagrams number 
1 and 2. 

Rule for the fhe subdivisions of the chrystalline rocks depend on 
subdivision of ^-rr • ^l • • i •.• i -i ii i- r 

rocks diiierences in their mineral composition, while the lues oi 

demarkation between the subdivisions of the stratified 
rocks are marked chiefly by decided differences in their 
imbedded fossils. This orderofsuccession, in every known 
Order of suc-P°'"''°'^ ^^ ^^^ gl^^e, is invariable: sometime?, indeed al- 
cession inva- most always, one or more of the groupes is wholly or par- 
riable. tially wanting, but their order of succession is never in- 

verted. Thus, the fir?t group, if found at all, lies univer- 
sally above all the others; the second, above all except the 
first; and so on to the end. This is the grand principle 
which guides the Geologist in his researches, — which ena- 
ble him to say, '•^Here we may find gold; here lead;'' and 
which teaches him to predict what layers of rock must be 
successively penetrated in boring to any great depth in the 
earth. But for this, all his researches would be in the dark, 
and his predictions could be at best but shrewd, and often 
erroneous, conjectures. 

Thejirst. nil. I H[)|>f'rmost, of lhe»e subdivisions is called 
the allnvi'in. aim ii.f in I. s all drpo^iles similar In river bot- 
toms, product d by causes now in action. Of this we have 
extensive examples ir: our Western country, particularly 
near the mouths of large rivers. 



131 

The seconds, the diluvium or erratic group, consisting of 
deposites similar to the former, and separated from it by 
Geologisis chiefly for convenience, is distinguished from 
the alluvion, inasmuch as its deposifes have been accumu- 
lated at a more distant period, and by causes not immedi- 
ately apparent, nor now in action. It is, in fact, the al- 
luvion of former ages. A marked characteristic of this 
formation is the frequent occurrence of what Geologists 
call boulders — large detached masses of rounded rocks, 
familiarly known here by the names oi JYigger-heads, Grey- 
heads, Lost-rocks, &LC. This formation occurs extensively 
throughout Indiana, especially in the northern and prairie 
portion of the Stale: the excavations for the Central Ca- 
nal north of Indianapolis are made altogether throughout 
it. 

The thirds the tertiary, formation, composed of alterna- 
ting layers of fresh water and marine deposites, is chiefly 
distinguished from the two foregoing, by containing vary- 
ing proportions of fossil remains of extinct species of ani- 
mals; the proportion of these being much greater in the 
lower than in the upper portions of this group. Another 
diflference worthy of remark is, that no remains of man or 
of his works are found occurring in this or any lower for- 
mation; these being confined to the most recent deposites. 

The fourth great subdivision comprises the secondary 
rocks; whJch embrace a variety of group?, from the chnlk 
to the new red sandstone. The green-sand and marl, ^g^^"g^^"f'* 
which occur in New Jersey and the western district of the secondary 
Tennessee, are the only members of this formation, the ex- formation. 
istence of which in this country has been positively ascer- 
tained. Imbedded in both deposites are numerous extinct 
species of marine shells, of which one, called ihe Exogyra 
costata, is, perhaps, the most characteristic and numerous. 

The Jifih is the bituminous coal formation. Repetitions'^'^® <^°^' ^°^' 
of beds of sandstone, shale, seams of coal, clay, and iron of the moun- 
stone, or argillaceous iron ore, and occasional beds of tain lime- 
limestone, compose this group. The strata occupying the ^'''°°* 
upper part of the Cumberland mountain, and those in (he 
western part of this State, may be cited as examples of this The Grau- 
group; at least, they correspond very closely with the true wake series, 
bituminous coal formation described by European Geo- 
logists. 

The sixth is the mountain limestone; a series composed 
chiefly of various descriptions of fo«silliferous limestones. 
It closely resembles the strata of Middle Tennessee and 
those found in the eastern part of this State. 

The seventh, the grauwacke series, consists of masses of 
slaty or schistose rocks intermixed with limestone, usually 
lying much inclined. Of this group we have no example 



132 

in Indiana; but it occurs in the Valley of East Tennessee 
and on the Alleghany moiinlain?: it often ascends the wes- 
tern declivity of ihat rang*-, and fornnssomeof its highest 
peaks- No fo?sils occur below this group.* 
. ^^^ The p?ar/,//i is the noii-fo?sillif(^rous group. It embraces 
or non-fossil- all I he lowest sirMtified rocks. These' contain no organic 
liferousgroup ,-eniaiii?, and approach in texture to the 'next class — the 
crystalline rocks. In fact, thfyuppear to partake both of 
the nature of straliticd and crystalline rocks, though gen- 
erally ranked with the rormer. The North Carolina Gold 
region prefcnts an example of this group. 

It will be unnecessary todescribe individually the groups 

ofchrystalline rocks, as we shall have, at present, but little 

tosay res|)ecting them. 

The stratified The stratified beds appear to be made up chiefly of 

rocks frag- fragments of the preexisting chrystalline rocks, except, 

JhryiuUine? perhaps, the lime-stones, the origin of which is sonfiewhat 

uncertain. 
Average The total average depth of the stratified rocks has been 

depth of the estimated, in Europe, at ten miles. They are supposed to 
stratified have been originally deposited in horizontal position, one 
Original posi- above another, as shown in the Diagram No. 1. Had the 
tion of the strata remained in this original horizontal position, we 
stratified could, of course, have known but little of any but the up- 
^^'^ ^' permost layers; since the deepest mine is only about half 

a mile, and the highest cliffs or bluffs but little more. It 
will be easily perceived, hovvever, that some great convul- 
j.sion of nature, heaving up the inferior strata, and causing 
the ^st^rat°ifie°d them to burst through or displace the superior, might pro- 
rocks, duce an arrangement similar to that represented in Dia- 
gram No. 2; and thus (he chrystalline and inferior strati- 
fied rocks would be found occupying the lofty and rugged 
mountain ranges; while the others would come in regular 
succession to the surface, flaiiking the mountain sides, and 
extending over the planes and inferior ridges, — the supe- 
rior strata always being most remote from the primitive 
range. This, in eflfecf , is what actually occurred in this 
country; for the Diagram No. 3 represents, in a general 

*In the grauwacke and mountain limestone, the remains are 
extinct species and often extinct genera of marine animals; in 
the coal focmation, chiefly extinct plants. In the secondary, 
specimens of the lizard tribe are fiist discernible; and in oneo 
its groups, the oolite formation, one order of the class Mam- 
malia — the Marsupiulia, — has been found: its marine animals 
and plants still belong to extinct species; while in the Tertiary, 
the bones of other orders of fossil mammalia, and a certain 
portion of existing species of marine and fluviatile animals 
first occur. In none of these formations have the remains of 
man ever been found. 



133 

way, the order and relative position of the rock, along a Section of the 
line commencing at Terre-Hanfe, and runninar south-east- f^""^'^ {j°"^ 
wardly lowards that, part of the Alleghany range which to the Alle- 
divides Tennessee from Norl!-. Carolina. The crystalline ghanies. 
and inferior stratified rocks are represented occupyiiig the 
Alleghany range; the grauwacke, lying liiglily inclined, 
extending from the Alleghanies across the valley of East 
Tennessee, to near the base of the Cumberland mountain. 
Lying unconformable,* on the upturned edges of the 
grauwacke, the mountain limestone is found near the 
eastern declivity of tlie Cumberland mountain, and exten- 
ding through the base of that range of hills, making its ap- 
pearance in the Sequacliee valley, continuing on through 
Middle Tennessee and Kentucky, and the eastern part of 
this Slate, in comparatively a horizontal position, yet al- 
ways partaking of a general slight undulating dip to the 
west or north-west. 

Resting on the mountain limestone, we perceive the bi- 
tuminous coal formation, occupying the summits of the 
Cumberland mountain. It succeeds and overlies ths 
mountain limestone in the western part of our State. 

It is a question whether the deficiency of the coal for- 
mation in the country intervening between the top of the 
Cumberland mountains and the central part of Indiana 
has been produced by the denuding action of powerful 
currents; or whether the two are distinct coal formations. 
I incline to the former opinion. 

Thus we see each group may come in regular succes- 
sion to the surface, and those strata originally deepest 
seated are heaved up into the loftiest peaks of the moun- 
tain ranges. It is only by such an arrangement that many 
of our valuable mineral deposites could have become ac- 
cessible; since most of the metallic ores are confined to 
inferior strata. As it is, all the formations are presented 
to the geologist indifferent portions of our globe; and 
since, as before remarked, pariicular metals are confined 
to certain groups, highly important practical results are 
secured by a careful examination of the extent and locali- 
ties of the various formations; and as a consequent, by the 
study of the imbedded fossils, the presence ot^ which con- 
stitutes the most decisive evidence of the identity of geo- 
logical stratata. 

This is a brief sketch of principles, upon which, as a 
basis, science is now engaged in raising a magnificent su- 
perstructure. Her efforts will not onl} bring to light hid- 
den truths respecting the remote his'ory of our ever- 
changing planet, but will assuredly facilitate practical in- 

*Not in the same parallel plane. 



134 

vestigr»lion,in which are intimately involved our political 
and commercial welfare. 

Tho?e \vho desire to follow up the subject are referred 
to De La Beche's "Geological Manual," to Buckland's 
"Bridgewater Treatise," and to the excellent elementary 
articles embodied in the sections on the Mineral Kingdom, 
in the "Penny Magazine." 

PLAN OF CONDUCTING THE SURVEY. 

The geological survey, so far as yet conducted, has been 
of a general character, the object having been chiefly to 
Spring and gain a correct and connected idea of the whole, before 
Bummer sur- spending much time in detailed examinations in any par- 
^®y* ticularspot. With this view, the spring and summer sur- 

vey was commenced by running a line from the mouth of 
the Wabash to the south-eastern limit of the Slate, pas- 
sing through Posey, Vanderburgh, Warrick, Spencer, Per- 
ry, Crawford, Harrison, Floyd, Clark, Scott, Jefferson, 
Switzerland, and Dearborn counties, keeping as close to 
the meanders of the Ohio river as possible, in order to 
take advantage of the sections exposed on the bluffs along 
its banks. 

Another line was then run through Ripley county to 
the town of Madison; from thence, a zigzag line through 
Jennings and Bartholomew counties, to Columbus; thence, 
through Jackson, Washington, Orange, Lawrence, and 
Monroe counties, back to Columbus; thence, through 
Johnson and Madison counties, to Indianapolis, through 
Hancock, Rush, Fayette, Union, and Franklin counties, to 
Brookville; from Brookville, Ihro.'gh Decatur and Shel- 
by counties, back to Indianapolis; from Indianapolis again, 
through the corner of Hendricks and Putnam counties, to 
Putnamville; from Putnamville to the falls of Eel river 
and into part of Owen county; thence, through Vigo 
county, to Terre-Haute; from Terre-Haute, along the 
meanders of the Wabash, through Sullivan, Knox, Gib- 
son, Pike, and Posey, back to the place of beginning: thus 
including, in these various lines, all the counties lying 
south of the National Road, except Greene, Daviess, Mar 
tin, and Dubois. 
Fall excur- In my fall examination, I visited those southern counties 
Bion. which were not included in my spring and summer sur- 

vey; namely, Greene, Daviess, Martin and Dubois. 

I then proceeded north, with a view of discovering 
where the lines marking the limits oi the formation, cros- 
sed the Wabash, and whether they continued on in the 
same northerly course in which I had traced them, as far 
as to the National road. With this view, I passed through 



135 

Parke, Montgomery, and the northern part of Fountain 
county, crossed the Wabash at Allica, and explored the 
country about Pine creek; recrossed the Wabash, and pro- 
ceeded alon^ its south-east bank to LafHyetJe, Americus, 
Delphi, and Logansport, thence along the Michigan road, 
to the crossing of the Tippecanoe; thence by Yellow riv- 
er to Lapnrte and Michigan City. After making some ex- 
aminations along L'lke Michigan, I went to South Bend, 
Mishawaka, and a short distance into Elkhart county, in- 
tending to reach Fort Wayne, and return down the Wa- 
bash to Logansport ; but being detained nearly a week in 
consequence of an accident, I was compelled to return by 
the shortei- route along the Michigan road. From Logans- 
port, I passed down the north side of the Wabash to La- 
fayette; thence along the W^ea to Crawfirdsville ; thence 
to Spencer, and the junction of Eel and White rivers; and 
returned through Bloomfield, Washington, Petersburgh, 
and Princeton,'to New Harmony. 



DETAILS OF THE SURVEY. 



SUMMER SURVEY. 

(S XT T H OF THE NATIONAL ROAD.) 

Although, in many situations, it has been very difficult 
to obtain a view of the actual rock formations, on account 
of the many deep and extensive alluvial and diluvial de- 
posites which have overspread anck covered these some- 
times to a great depth; yet sutlicient was disclosed to de- 
termine satisfactorily the succession of the formations, and 
to point out the general course of the lines which mark 
their limits. In many case?, too, I had an opportunity of 
observing the characteristic fossils peculiar to the ditferent 
strata, and of fully proving the fact, that the order of su- 
perposition is identical with that witnessed in many other, 
distant, parts of this western country; also, that the char- 
acteristic fossils of each series of strata coincide, in a very 
striking manner, with those found in the corresponding 
strata throiigliout these western Suiles. 

Satisfactory proof has also been obtained that the strata 
do not lie perfectly horizontal, although they may appear 
to do so when viewed over a small extent of country onlj; 



136 

Dip of the but that there is a slight general dip of the strata towards 
strata. the west, or west north-west, is unquestionable; and not 

unfrequently they assume an undulatory direction. The 
whole strata, therefore, gently lean and roll towards the 
Alleghany range. Hence it is that, as we travel upstream 
towards the east, we successively reach older or inferior 
strata. Hence it is, also, that (if we leave out of view the 
alluvial and diluvial deposifcs.) the newest formation of 
Indiana, — the coal formation,* — it is to be found in the 
western portion of the State. 

The first line run showed the following succession of 
Jbrmations along the Ohio river: 

Along the Ohio river we find the coal formation, taken 
Extent of the jj^ the previously defined sense,! prevailing through the 
lion along the counties of Posey, Vanderburgh, Warrick, Spencer and 
Ohio river. Perry. At Oil creek, in Perry county, there comes to 
the surface the limestone, on which the coal formation 
rests; beyond this it gradunlly dwindles, and very soon 
First appear- disrsppears altogether. (See Diagram No. 3). The lime- 
^"P.^. "'^.^'^^ stone which comes frogn beneath it at Oil creek, must be 

oolitic lime- -J I .1 -^ J I n • ' 

times, or up- considered as the uppermost member or a new series or 
fermost group of the stratified rocks. A succession of the various 

members of members of this inferior group is to be found prevailing 

tnGSUD-cir- o± 1. o 

boniferous ^"^'^ ^^^ reach the extreme western boundary of Ohio. 

group, (See Diagram No. 3). 

To this group may with propriety be applied the name 

Sub-carboni- sub- carboniferous, as indicating its position immediately be*- 

^"t"j §''°'''P neath the coal or carboniferous group of Indiana.! 
of Indiana. b r + 

* It is important here to remark, that, by coal formations, 
is meant, not merely seams of coal ; but a region in which coal 
occurs, associated, as it always is, beds of sandstone, shale, 
clay, and limestone, 

t Until the geological examinations of this and other States 
shall have been carried farther, it would be, perhaps, some- 
what premature to decide upon the identity of our bituminous 
coal formation with that of the eastern hemisphere ; but that 
they coincide in many respects, both in their mineralogical 
character, geological position, and organic remains, is beyond 
a doubt. 

X The fossils generally coincide closely with those of the 
carboniferous or mountain limestone of Europe ; but as no per- 
fect seams of coal have ever yet been observed alternating with 
these deposites in this country, and as most of its fossils differ 
decidedly from those of the coal formation, it would seem to 
preclude the possibility of including it, here at least, as some 
European geologists do their mountain limestone, in the car- 
boniferous group. 

The geologist of Tennessee, too, has discovered in it fossils 
belonging to the genus Asterias, which, in Europe, have never 



137 

In the bed of Oil creek, then, on the road from Troy to 
Fredonia, the coal sandstone may be found resting on a 
reddish stratmn of a somewhat arenaceous limeslotie — the 
uppermost mf mber nf tiii^ sub carboniferous group, and 
characteriz^^d by a fossil, described by Le-ueur under the 
name of Archimedes, on account of its screw like form.* 
(Sc-e plate I. Fiti. 2). 

To facilitate description, it will be useful to observe ^"''■'^'v'S'on 
certain sub divisions of this sub-carboniferous group. The ^arboni^fefous 
m St important, a«e — ' group. 

Firsts — The series of oolitic limestones.! They have re-0"litic series 
ceived this name on account of some of their beds being blio^^g^ng"? 
formed of egg-chapped grains, like Ibe roe of a fisii. A ihe sub-car- 
section of this series may be observed in the bluff behind boniterous 
Leavenworth. Crawford county. They extend from 011^"^°"^* 
creek to near Indian creek. Its total thickness has not 
yet heeti ascertained, but ii must considerably exceed one 
hundred and fifty feet. 

The strata are composed chiefly of light colored lime- ^^^""''f*'" ''^ 
stones, which produce, by burning, a white lime. 1 h'l eeries*. '''*' 
seams of a siliceous nature occasionally are found in them; 
and they also frequently contain siliceous nodules, approx- 

been formed in rocks older than the cretaceous or chalk forma- 
tion ; also portion of echinidians, supposed to be confined to 
epochs more recent t'lan the new red sandstone, until Buck- 
land, in his '■'^ Bridgewater Treatise" (note to p. 313,) men- 
tions having observed fossil echinidians in the carboniferous 
limestone of Ireland, 

_jUntil these difficulties shall have been cleared up, I prefer 
designating it by the term sub-carboniferous, which merely 
indicates its position beneath the carboniferous group, without 
involving any theory. 

* It is an important and remarkable fact, and one that was 
first pointed out to me by the present geologist of Tennessee, 
that whenever one finds in that State, limestones having an 
oolitic structure, or being made up of minute egg-shaped grains, 
and containing fossil Archimedes or Pentremites, (See plate I. 
figs. I and 2,) one may be sure that, if the coal formation ex- 
ist, it will be found not far off, resting on these strata, but 
never beneath them. 

Diligently and closely have I observed, ever since, whether 
this fact would hold good in other situations. In the course 
of my experience, I have never yet found an exception to it. 
Here, on the situation alluded to, on Oil creek, and about Lit- 
tle Blue creek, in Perry county, this important fact is beauti- 
fully illustrated. 

t These limestones must not be confounded with the oolite 
formation, which is a group of the secondary rocks of much 
more recent origin. 

18 



138 

imating to hornslosie, chert, and even chalcedony. These 
being more durable than the imbedding limestone, are 
often found strewed on the surface, having fallen out from 
the disintegrating matrix. 

This series often affords good building materials. The 
Putnamvilie building stone belongs to it. 
Encrinital Second, — A siliceocalcareous series, with occasional 

strata. beds of clay. These commence about Indian creek, in 

Crawford county, and prevail through Harrison and Floyd 
counties, as far as New Albany. The siliceous, or free- 
stone beds of this series are oflen of considerable thickness 
and of various degrees of hardness: sometimes of the na- 
ture of a burr-stone, having a very white, or occasionally 
a reddish color, as east of Corydon, and between Orleans 
and Lost river. Sometimes they pass into hornstone and 
chert, as at Lost river; again they appear as a fine grain- 
ed and soft greyish sandstone, sometliing resembling the 
Character of (ripoli or poliershiefcr of the Germans; such are found on 
she encrinital the knobs north of New Albany, and between Bloomington 
and Columbus. The growth of trees on these strata ig 
peculiar, being almost entirely stunted oak. The form of 
the hills, too, where these sandstones prevail, is singular, 
being often conical like a hayrick. 

This rock has been used occasionally fora buildin^stone 
on some of the works on the National Road, and elsewhere 
in the neighborhood of Indianapolis; but very little of it, 
Their free-^° far as I have seen, possesses sutficient durability for the 
etonesnotdu- purpose, as it will not withstand heavy pressure, nor even 
table building (he action of the air and moisture. It should not be con- 
founded with the sandstone of the coal formation, which is 
of a coarser grain, and generally contains more mica (often 
called isinglass;) but the distinguishing difference is, that 
the fossils in the coal sandstone are chiefly of vegetable ori- 
gin; while those in this rock are m;irine, and belong par- 
ticularly to the order Polyparies or Corallines.* 

In the limestones of this series, fossils belonging to the 
order Crinoideans or Encrinites (see plnte II fi^. 4, 5, 6, 7,) 
are particularly numerous; hence the series have, been 
called by some the Encrinital strata. These limestones 
are to be found about Corydon and Salem. 

*The genus Gorgonia of Goldfuss (see plate 2, fig. 2) is by 
far the most abundant, particularly in the burr-stone variety 
near Corydon; marine bivalves are also not uncommon. The 
cement of this rock is too fossile to render it useful as a mill- 
stone. The detached portions of Encrinites generally seen, 
resemble button-moulds, and are therefore often so called in 
this country. In England they are sometimes called St. Cuth- 
berts beads. 



139 

At the base of this series there occurs a very important Black bitumU 
stratum, — the black bituminous aluminous slate, which is to "°g gj^jg"™'"' 
be seen, when the water is low, at the New Albany Ferry Situation of 
boat landing; also in Silver creek, between New Albany the black bU 
and JetfersonviMe, and thrown out of the excavation of the mino"u°"^6?i"e 
canal at Louisville. I call it an important stratum, be- on Oliio river. 
cause this black bituminous aluminous slate resembles, 
both in its external appearance and chemical composition, 
the coal shale; and since it takes fire and burns for some- 
time, owing to the presence of bitumen and sulphuret of Black bitumi- 
iron, it is frequently mistaken for indications of coal, and "o^s alumin- 
even for coal itself. ous slate tak- 

rr,,. . , . . en for coal. 

1 his same stratum I have seen in a variety ofsituations; 

as in the base of the Herpeth ridge and Paradise hill, 10 
orl2milesfrom Nashville; in the Cany fork ridge, near 
the western declivity of the Cumberland mountain. In 
no instance have I ever found it associated with perfect 
seams of coal ; and I have but little hesitation in asserting, 
that no true coal will ever be found associated with it in 
our section of country. This inference is the more im- 
portant, since labor and capital have already been expen- Bo.jn- f^j 
ded, even in our new State, in boring and digging for coal coal beneath 
beneath this stratum, and, of course, without possibility the bitumin- 
of successful rc?ull, as far as my observation extends. It °"f „,^„"'"'J1" 

1 • /¥• r I 111* • • OUS Siralaf 8.1* 

ditiers, too, from the coal-shale, in not containing vegeta-ways unsuc- 
ble impressions, cessful. 

Beneath the bituminous-aluminous slate succeeds a long^°j®''l'^r'"°."' 
, . , . r . ■• • • /• 1 I • 3ft interior 

series, forming the interior division oi the sub-carboni- strata of the 
ferous group, occupying the whole country from Jefferson- sub-carbonif- 
ville to the western boundary of the State of Ohio. They ^"""^ 6'^°"P- 
may be designated by the term fossilliferous series, as the 
petrifactions, particularly in the ii.ferior members, are 
more numerous here than in any of the beds above them. 
These correspond closely, both in their organic remains 
and geological position, with those described by the Geo- 
logist of Tennessee as occurring in the limestone about 
Nashville and a great part of middle Tennessee. The 
most characteristic fossils may be seen by referring to plates 
III. IV. V. 

The bed immediately beneath the bituminous aluminous Fossilliferou* 
slate, is exposed, on the falls of the Ohio river below Jef- bed of the O- 
fersonvil'e, and contains numerous organic remains. It 'I'o Foils, 
appears to prevail also towards the Bald-knob near the salt 
well east of Charleston, and in the neighborhood of that 
town and Lexington. The most characteristic remains 
are those represented in plate III. 

Beneath this are a series of impure limestones; and 
amongst them, in some situations, the water lime, such as 
is prepared at the Louisville canal. Many of them are 



■tones. 



140 

Water line varigated with stripes of red, green, and bluish-grey. — 
?"-? '^ariega- g^^^g ^^g impregnRted with hitunnen and sulphuret oflron, 
tea strata. • ■ /■ ■ i , i ■ l 

which rMn«e them tu f mil a loelid odor when slrDCk or rub- 
bed. Such are tlie beds found on the top of the lugh 
ground hehhid Madison, nnd between thai plnre and Han- 
over. Tlie rock excavations on the inchned plane of the 
Midison and Indij'napolis rail-road aie ihrough these 
Etrata; and (he Tunnel, if it should ever be carri« d inio 
effect, would pa*s thtre through a stratum of a dark grey- 
color, having the bituminous character, tolerably soti, and 
becoming more so by exposure. It often coiUains fine 
rhomboidal crystals of carbonate of lime. 

Many of the beds are extremely used as building ma- 
terial along the line of the Madison and Indianapolis rail- 
road. 

Associated with them at the forks of the Muskakituck 
river, near Vernon, and on Big Sand-creek, about eight 
miles from that place, is a very fine variety of buir-stone. 
It is almost entirely made up of a collection of fossil poly- 
paries or corallynes, often encased in a sheath of drussic 
cr)stals of quartz. 
?.1"1°'^''"' This burr ston- has been manufactured into mill-tifones, 
which have been used for some years in many of our wes- 
tern mills: It proves to be of excellent quality; indeed, 
some of it is hut very little inferior to the French burr;the 
cement, uniting together the particles of silex of the Sand 
creek stone, is not quite go tough as that of the French 
burr-stone; it therefore requires somewhat more frequent 
dressing. 

The lowest or most easterly beds of limestone of this se- 
ries alternate with beds of clay,a:id are vastly rich in fos- 
sils, pariiculaily in marine shells and polyparies. (See 
plate IV. for the shell-.) These limestones are generally 
of a hlueish or brownish grey color, and very durable. — 
€ufJ^riently hard to take a good polish, and affords a mar- 
ble of beautiful appearance, presenting on its surface sec- 
lions of nmnierous imbedded organic remains. These are 
the oldest of the stratified rocks of Indiana. 

Diaejram No. 4, representing a profile of the strata from 
the mouth of the Wabash to the south east corner of the 
State, gives a connected view of the strata as they occur 
in succession. 

Having determined (he succession of the geological for 
ma' ions, along the Ohio river, my next object was to ascer- 
tain, by me?.ns of the zig-z ig lines xvhi( h I run for that 
purpose, the general limils of the various formations through' 
out the southern part of the State, 

My observations have not as yet, of course, been suflS 
ciently enlensive to point out the direction of these line 



141 

in all their meanders; and, indeed this never can be ac- 
connph'shed, until we shall have accurate topographical 
map* of the State, on which all the hills and ridges shall 
be carefully delineated. Their general direciioii, howe- 
ver, has heei) a«cer(Hiiied. 

Frcun Oil creek, the line of junction betwpen the coal,. . , , 
/• I I ; 1 1 . 1 L Limit of the 

fornnHnon and oolitic limHstones run« pretty nearly north, gy^j forma- 

a liitle west o( Paoli, Bedford, and Bloomingion; ihent e it tions. 

bears somewhat more to the west, near Spencer, and 

crosses the National road near Putnamville. 

Since the sirata, as has been mentioned, mil with the un- 
dulations of the country, patches of the coal formation oc- 
casionHlly make their appearance a little east of this line 
but it will never be found extending far beyond it; and, I 
think, in no instance beyond the second meridian.* 

Thus the counties of Perry, Dubois, Martin, Greene, 
Owen, and all the counties lying west of them: besides 
Borne of the western portions of ihe cotinties of Crawford, 
Orange, Lawrence, Monroe, and Putnam, belong to our 
bituminous coal formation; hence, in all this district of 
country, beds of sandstone, clays, shale, seams of coal, and 
0cca«ional patches of limestone are found prevailing. 

The limestones of this corboniferous group are gener- 
ally of a dark color, either gray or brown, containing 
sometimes crinoidea and marine bivalves. They are by 
no means extensive; indeed, it is doubtful whether there 
is any universal straium of limestone occurring in these 
coal measures. For ihis reason, in the counties before 
mentioned, the inhabitants have, frequently, difficulty in 
procuring limertone for economical purposes. 

The various strata which have been d* scribed as occur- Limits of the 
ring east of this lin?, will be found prevailing in a north- strata form- 
erly direction, in bands running (rom the Ohio river near-'"& the sub- 
ly parallel to the limits of the coal formation. Thus, a- gJJ^p"'*^^""* 
bout Fredonia, Leavenworth, Paoli, Orleans, Bedford, 
Bloomington, the Falls of Eel and Putnamville, the 

* The extension of this line into Kentucky, I may add, 
seems to run south nearly as far as Bowlinggreen; then it 
sweeps round towards the west, keeping north of that town 
and of Russelville, Shakertown, Hopkiiisville, and Princeton, 
re-crossing the Ohio below Golconda. It would not surprise 
me if this coal formation — as, indeed, these partial outlines 
seem to indicate — should lie in the form of an immense basin, 
as in most cases in Europe. It appears too, from what little 
observation I have been able to make in Illinois, that the greater 
part of that state is situated upon this same coal formation. Ift 
view of the large proportion of untimbered land found in the 
middle and northern portions of that state, the confirmation of 
this fact would prove of immense importance to her. 



142 

oolitie series exist. In Harrison, Floyd, Washington, and 
part of Jackson, Brown, Bartholonnew, Johnston, Monroe, 
Morgan, and Hendricks counties, the encrinital strata are 
found. In Ihe knobby portion of this district of country, 
the soft silicious strata of this series are the prevaiUng 
rocks. 

The aluminous state, which marks the linr\it between 
Extent of al- the encrintial stnta and inferior fo?silliferous series, ex- 
•Ute""' tends through a great part of Clark, Scott, Jennings, 
Jackson, Bai tholomew, Shelhy, Johnson and, perhaps, part 
of Decatur counties, to.vards Indianapolis; but in this 
neighborhood, near the Naiional road, the strata are so 
connpletely covered b} a deep diluvium, that it is very dif- 
ficult to detect the original strata. Even the deepest wells 
have not penetrated through this diluvium. 

The strata found at the top of the hills about Hanover 

Extent of the run north by Vernon, Green?l)urgh, and Ruehville through 

variegated portions of Clark, Scott, Jefferson, Jennings, Decatur, 

hmcsione. Shelby and Rush counties ; extending probably all through 

the dividing ridge between the waters of the Wabash and 

Ohio. 

A remarkable feature in the physical geography of In- 
diana i?, that the summit level of this dividing ridge ap- 
proaches, north of Madison, within five miles of the Ohio 
river. It is this circumstance which renders the construc- 
tion of a rail roal near Madison so very expensive. 

The fossils in these beds, except in the uppermost lay- 
ers, such as occur at the Fails of the Ohio, are few, com- 
pared with those imbedded in the strata beneath ihem. 
Many-chambered shells are the most common, resembling 
in tbeir structure the orihoceratite* often mistaken for 
petrified snakes, (see plate V. fig. 1-) 

,. ... Some of the strata afford excellent building malerials, 
Uae of build-, ... , . j- .• r .u 

ing materials. ""' '"*^ selection requires discretion; since some of the 
beds, particularly those containing green earth and bitu- 
men, arc much disposed to decay and crumble when expo- 
sed to the disintegrating agency of air and water. 

A silicious limestone, of a very porous texture, occupy- 
ing the top of this series, and often in loose detached mass- 
es, when burnt, affords a lime which makes a very hard, 
durable, and excellent mortar. Since many of these stra- 
ta are unfit for this purpose, and since that spoken of ap- 
pears much like a burr-stone, and little suited to make 

*An oithoceratite, in a rock belonging to this series, may be 
seen at the bridge over Flat Rock, on the great Michigan road, 
in Decatur county. It is imbedded in the stone, occupying 
the top of the south-west wall, — the third from the wood. 
work. 



143 

good lime, it is the more important that this circumstance 
should not be overlooked. The water cement which is 
found in the Louisville canal is procured from this series, 
and it is associated with the fossilliferous strata on the 
Louisville Falls; so also are those rocks employed for 
building the abutments of the bridge to be thrown over 
the Muskakituck river at Vernon. 

The inferior fossilliferous strata which make their ap- 
pearance in the lower part of the dividing ridge before ?^'^?^ "^If*** 
mentitined, alternate with beds of clay; they prevail all silliferous 
east of this, even beyond the eastern limit of the state, strata of tha 
through Switzerland, Dearborn, Franklin, Union, and the ^"''••^"*'°"'^* 
eastern part of Fayette, Ripley and Jefferson counties.*'" ^'" ^' 
These strata correspond in their geological position and 
organic remains, to those of Middle Tennessee; and, judg- 
ing from observations made in the western part of Ken- 
lucky, I believe that they are, in fact, a continuation of the 
same formation which extends through the middle part of 
Kentucky. " 

FALL SURVEY: 

(JVorlh of the JVational Road.) 

In proceeding north, on my fall survey,! passed through 
Greene, Daviess, Martin, and Dubois counties, and found 
them, as I had previously supposed, belonging to the coal 
formation. I also crossed the limit of the coal formation 
in four new points: two in Orange county; one in Monroe; 
one in Owen county. •* 

On crossing the National road, I found the greater part g^j^^^gj^^ ^j^ 
of this northern country covered by a diluvium of sand, luvium in the 
gravel; boulders and clay sometimes to a very great depth, north. 
For this reason, it was only at a very few points where I 
could obtain a view of the rocks belonging to the carboni- 
ferous and sub-carboniferous formations. I discovered, 
however, that the eastern boundary of the coal formation 
crosses the Wabash a little below Delphi, — shale having Lj^it of the 
been struck in excavations for the canal both at Americuscoal forma- 
and a little below Delphi. The same stratum is to be ^1°""°"*" 
seen in several places on Dear creek. There succeeds to it, ^g^ jjgipjjj, 
what 1 believe to be the oolitic series of limestones; but I 
have not yet been able here to collect the fossils before de- 
scribed as most characteristic of these strata. 

North of this point I nave not yet been able, on account 
of the diluvium, to get such a view of the rocks as to sat- 
isfy myself completely as to the continuation of the line. 
But from the appearance of the country, the composition 
of the soil, the nature of the diluvium, the debris along the 



144 

lake shore, a chemical analysis of the water, the growth 
of timber, and o(her indications, I have reason to believe 
that it continues on nearly in the ?ame direction, beneath 
the diluvium, until it reaches the Michigan l<ne, consider- 
ably east of Mi<'higan city. Tl»e same is prt.bably true 
of the other boundary lines. They all appear to run in 
thf-ir general course, parallel to one another more or less, 
in a northerly direction. These points require, however, 
further investigation; and if may perhaps be necessary 
that Geological researches be pushed into Michigan before 
the matter at issue can be positively determined. 

So much, however, is certain, that the counties of Parke, 
Vermillion, Warren, Fountain, and the greater part of 
Tippecanoe and Montgomery, belong to the bituminous 
coal formation. 

In the bed of Lake Michigan, at the southern extremi- 

Clay in the*}'' there exist? an « xiensive stratum of stiff, tenacious clay; 

bed of Lakoyei, noiwiths'andii g, tlie water is lemarkably clear, so 

Michigan. imuh s^o, that tish can be seen, in calm weather, at great 

depths. 

The rolling ridges, which form the southern boundary 
of the lake, aie (:lii< fly composed of a silices-calcareous 
sand, of much greater fertility than one would at first ima- 
gine. It is a remarkable fact, that this sand, taken even 
30or 40 feet below the surfait^, will produce excellent po- 
tatoes, water-melons, and pumpkins. I have been told, 
that when the country was first settled, even at the top of 
some of the sand-knobs, 60 or 70 feet in height, wild rye 
six feet high, and a rank growth of grass were to be seen. 

In all probability, the stratum of clay of which we have 
spoken, extends beneath the sandy deposifes which prevail 
for some miles back into the country. This would account 
for the lodging of so much water in numerous small lakes, 
wet prairies, and extensive swamps, about the Kankakee 
country. It is a question yet to be solved, whether this 
extensive stratum of clay belongs to the era of the bitumi- 
nous coal formation, or to the more recent diluvium. (The 
accompanying map will give a general idea of the forma- 
tions as they extend through the counties just described.) 

Remarks on the Mineral Dcposites, Soil, and Growth peculiar 
to the different Strata : 

(south of the national road.) 

It has already been stated, that the objects of the present 
survey have been general, rather than particular; but, 
when there was any probability of discovering a valuable 
depostte of iron, I instituted a more particular investiga- 



145 

tioa in such localities; believing that a good iron bank is of 
more intrinsic value to the state, than a mine of gold or 
silver. 

In two different situations, one near Mr. "Williams' mill, 
on ihe waters of Doe creek, about two miles from Eel river, ^^'"^''°"S °^ 
in Putnam county; the other, on the dividing ridge be- Qj.g^ "'° 
tweefi ihe waters of Eel atid White rivers, in Owen county, 
about three or four miles from Eel river, I discovered sur- 
face-ore of excellent quality. It is of tlint variety called 
by Mineralogists ''Hhe compact hydraled brown oxidef and it 
is known to the manufacturer under the name oi '•'•liver ore.,'''' 
It is much of the same nature as that found in Middle Ten- 
nessee, between the Cumberland and Tennessee rivers. 
A rough analysis of 1 00 grains of Eel river ore yielded : 
Lesqui, or red oxide of iron . . 64.4 

Water 16.0 

Silica . . . . . . 4.0 

Allumina ...... 6.0 

Loss 9.6 

100. 
This ore, at least the specimen examined, unlike most of 
the ores of the hydrated brown oxide, contains no manga- 
nese. This is an advantage, because the presence of this 
metal has a tendency to render the castings hard. The 
above ore, therefore, contains at least44.5 per cent, of pure 
from, and might be expected toyield 40 per cent, of metal 
in the foundry. The specific gravity of the ore varies from 
2.9 to 3.3. This is considered a fair average in Tennes- 
see. Details regarding the extent of this valuable depos- 
ite are given in an afterpart of this report. 

Another deposite of iron ore, of considerable extent, oc- 
curs in the subcarboniferous formation, a little above the 
black bituminous aluminous state, in a ferruginous clay on a 
sub-branch of Silver creek near New Providence, Clark Ore neat N. 
county. Seme of this ore is rather of a peculiar mineralo- ^^''^ ^^^^' 
gical structure. It may with propriety be called a conglo- 
merate ore, as it is made up entirely of an aggregation of 
coarse fragments of hydrated brown oxide. It will not 
produce as much as the Eel river ore, taking equal bulks 
of each, — although equal weights would probably yield 
nearly alike: it would be rather more easily reduced, or, 
in the language of the manufacturer, "work more kindly 
inlhe furnace." Its specific gravity is 2 6. 

Another variety of ore is found in nodules in a stratum 
of clay near the same place: it is a carbonate of iron. Its 
specific gravity is 3.24. In Scotland, similar ore yields 
from 30 to 40 per cent, of iron. 
19 



146 

These banks have been purchased by Mr. Barnett, of 
Louisville, who, I believe, proposes erecting iron- works 
near them. 
Bog ore near Two other depositcs of the hydrated broun oxide have 
the National been examined; one on Mr. Lamb's land, on the waters of 
road. pgji Creek, in Marion county; the other, on Mr. Baker's 

land, on Sugar creek, five miles south of Greenfield. It 
is a bog-iron ore, occurring in a wet soil. Its specific gra- 
vity is "I.l. 

The extent of these deposites has not yet been careful- 
ly investigated ; they appear, however, to extend over se- 
veral acres. On Mr. Baker's land, the hard ore was dug 
into at least four feet, and beneath it was found a conside- 
rable deposite of soft ore — a mixture of red and yellow 
ochre. 

Numerous massess of the clay iron stone, much of the 
same nature as found on Mr. Barnett's purchase, have 
been discovered elsewhere, in beds of ferruginous clay, 
occurring both in the carboniferous and subcarboniferous 
group. 

On the Iron Hill near Crooked Creek, 6 or 8 miles from 

Ferruginous Troy, a ferruginous sand stone occurs in the coal forma- 

the Iron" Hill ^^°"' This has been considered good ore by some: that 

on the surface is too much mixed with sand to be fit for 

working. Its specific gravity is i2.3. It is possible that, 

by digging, good ore might be struck. But I should think 

the prospects more encouraging if it were in the sub car- 

^ boniferous formation, instead of being mixed with the 

sandstone of the coal formation. 

I have not yet had time to make accurate analysis of 
these various ores, but intend undertaking them this win- 
ter. 

A. most valuable deposite of what is called by the Pot- 
ters marl; but what, more properly speaking, is a clay 
slate, for it contains no carbonate of lime ; has been opened 
at Troy, by Mr. Clue, from Staffordshire, England. This 
material when first excavated, is very hard; but by expo- 
sure to the air it soon crumbles and falls to pieces. When 
ground and worked up, it is employed for making fire- 
Fire brick are ^'^'^'^' ^^^ saggers, used for the support and protection of 
to be made the pottery-ware while exposed to the intense heat of the 
for Bale. kiln. 

The entrance into the excavation made into this bed is 
close by the town of Troy: it has been carried into the hill 
side nearly on a level with high-water mark. A thin seam 
of coal rests upon it. 

Mr- Clue, the manager of the pottery, informed me that 
he has bored in the floor of the passage ten feet into this 
clay, without finding its bottom; and sinccthe passage it- 



147 

self is ten feet more, the thickness of (he bed must be over 
twenty feet. Mr. Clue considers it the finest deposite of 
the kind he has ever seen. Imbedded in it are nodules of 
clay-iron-stone; and it often presents impressions of plants. 

It was the existence of this deposite of clay slate, and 
the neighborhood of good coal on Deer and Anderson ^""^'^y *' 
creeks, that chiefly influenced the Company of Potters 
lately formed at Louisville, to locate themselves at Troy, in 
Perry county. 

About forty English workmen have been brought out 
from Staffordshire, and extensive buildings have been 
erected. The first lot of ware was in the kiln when I visi- 
ted the place in the month of June. Several good beds of 
clay have been discovered in the neighborhood by Mr. 
Clue, fit for the manufacture of stoneware. The finer ma- 
terials, for porcelain or queensware are procured from the 
erroneously called chalk banks on the Mississippi. 

Several good seams of coal have been opened in differ- 
ent parts of the coal formation. At present, it will suffice 
to mention a few of them. 

Two good seams are worked on Anderson creek, two or 
three miles from its mouth; the lower called Rhoades' bank; 
the upper, James' bank. The searns run nearly horizon- 
tally into the hill, 50 or 60 feet above the creek. They 
are rather thin, not being much over three feet; which ren- 
ders it inconvenient working the coal, unless the miner be T°oy. 
seated on a stool. In Europe, however, seams 22 inches, 
and even as low as 18, and 12 inches, have been worked by 
young men and boys. 

The specific gravity of this coal is 1.27. It yields by 
analysis- 
Volatile matter ... 45 grains 
Coke and ashes .... 55 " 



Coal 100 « 

100 grains of nitrate of potash required 28 grain of the 
coal to decompose it, which, according to the usual 
method of estimating the amount of carbon in the coal, 
would give 45 per cent of carbon in this coal; but I find 
that this method cannot be altogether depended upon, be- 
cause the result varies not only with the expertness of the 
operator, but also with the fineness of the powder, the de- 
gree of heat employed, and the rapidity with which the ex- 
periment is conducted. 

On Deer creek, near Troy, there is also good coal, some 
of it of the variety of cannel coal. These coals are used 
at the pottery, and are considered good. qq^^I ^^ 

On White river, 2 or 3 miles from Petersburgh, seve- White river. 
ral coal banks have been opened. The seams are up- 
wards of six feet thick, and have a roofing of shalp. The 



148 

quality in some is pretty fair; but in other cases it is of too 
shaley a nature, and contains sulphuret of iron. Its spe- 
cific gravity is 1.27; and an average specimen yielded — ■ 
Volatile matter . . . 46.6 grains 
Coke and Ashes . . . 53.4 " 

Coal 100. « 

lOO grains of nitrate of potash required 25.5 grains of this 
coal for decomposition; giving the amount of carbon 56.4. 
Coal of a very superior quality is quarried seven miles 
Coal near g^st of Terre-Haute, about one mile south of the National 
Road. This seam is at least four feet thick; but being 
partly covered with water, its exact thickness could not be 
ascertained. The specific gravity of this coal varies from 
1.24 to 1.3. It yields by analysis — 

Volatile matter - - - 46.6 grains 
Coke and ashes - - - 53.4 " 



Coal -..-... 100. « 
100 grains of nitrate of potash required 25 grains of thia 
coal for decomposition ; giving as its amount of carbon 50.8. 
Coal at Me- Some good coal crops out of the blulT below Merom, co- 
rom. vered with a very thick stratum of shale. 

The soil over the coal formation is generally of a sandy 

Soil over the nature. The growth is principally various kinds of oak, 

coal fornia-hickory, ash, poplar, walnut, dogwood, and red-bud. The 

• whole country is gently rolling. By far the most prevalent 

growth on the subcarboniferous group, is beech, except in 

the knobs where the soft siliceous rock occurs: there the 

growth is stunted oak. The soil is sometimes of a deep 

red color, particularly where the white burr-stone is found, 

owing to the presence of a quantity of oxide of iron. 

In the soil of that district through which the black slate 
Soil oyer the 6^^^"^^' ^^^J predominates, giving it a stiflf and retentive 
black slate, property. Beech growth is very luxuriant in such places. 
In the eastern part of the state, and the counties in which 
Nature of the jj^g oolitic limestone occur, the soil is calcareous, and ad- 
oolitic and mirably suited for the growth of grasses, some of the finest 
fossiliferouB hay grown in Indiana being produced from these soils, 
limestone. 'pj^g bottoms are generally formed from the disintegra- 

tion of a variety of rocks ; and hence there is found in them 
a mixture of clay, sand, and limestone. 

(north of the national road.) 

Most of the water in the northern part of the state, is 
highly charged with carbonic acid, and holds carbonate of 
lime in solution. Such waters, as soon as they come to the 
sqrface, gradually loose their carbonic acid, which acts ai 



149 

the solvent, over the carbonate of lime, and a deposition of 
calcareous matter ensues, either as marl or calcareous tufa; ^^^de in 
this latter is found in sonr.e places in large quRnlilies, and "^^^^^^ Tufa^^' 
becomes for this country a most valuable material; for the and bog iron 
limestone rocks, being covered to so great a deplh by (he of® ^^^ form- 
diluvium, are not accessible ; the inhabitant?, therefore, are ^^' 
compelled to resort to the calcareous tufa, or the loose 
limestone boulders, for their supply of lime. 

It is in a similar way that the deposiles of iron ore, which 
we find here in marshes are formed. 

Some of these ferruginous deposites prove to be very ex Extent of tha 
tensive. That at Mishawaka, near the St. Joseph river, Misl^'^aka 
is 50 or 60 yards wide, varies from 7 inches to 3 feet in 
thickness, and has been already traced for A miles. It is 
from this deposite that the Mishawaka furnace is supplied. 
It is the most compact bog ore I have ever seen: a great 
portion of it can only be raised with the assistance of iron 
wedges and crow-bars. 

There are similar deposites on the Tippecanoeand Wea, 
where the ore is of good quality. Their extent hasnotgog jron on 
yet been satisfactorily ascertained ; but since they evident- the Wea and 
ly have their origm in the same formation, crossing it in Tippecanoe, 
lines running nearly from north-east to south-west, parallel 
to one another, there is reason to hope that they may be 
productive. 

On Pine creek, in Warren county, I have found large 
quantities of argillaceous iron ore. It originates in a dark Argellaccous 
clay slate, similar to that used at Troy for fire-bricks, and iron ore and 
no doubt would be suitable for such a purpose; and associa-p.^y slate on 
ted probably with coal; for seams of coal crop out higher warreifco.' 
up the creek. From various inquiries which I have made, 
I expect to find similar ore on Coal creek, in Fountain 
county ; on Sugar creek, in Parke county, and on the Ver- 
million, in Vermillion county; but these places I have not 
yet been able to explore. 



PRACTICAL INFERENCES. 



The practical and very important inferences from the 
foregoing report, may be summed up in a few words. 

Three geological formations exist in Indiana: 1st, a bi- 
tuminous coal formation, occupying that portion of tbej^^^^^^.^°^"\^' 
Btate west of the second principal meridian; 2d, a lime-an°a!^ '" " ' 
stone formation (similar to the mountain limestone of Eu- 



-vs- 



^ 150 

ropean Geologists), prevailing in the counties east of that 

meridian: 3d, a diluvium, consisting of deposites of clay, 

sand, gravel, and boulders , ovei 1} ing, and, in many places, 

covering up, tlie two other formaiions, to a greater or less 

depth, particularly in the northern part of the state. 

Now as in this country no perfect seams of bituminous 

^f°.u*^°o!4 ^^^^ coal are found associated with calcareous deposites, similar 
of the 2a me- ... r-jji i ti- iy~,i. 

ridian line, to those ot middle and eastern Indiana, the Geologist can 

confidently predict, that it is a waste of time and labor to 
search for coal in any part of the st ite east of this second 
meridian; for instance, as has been done, in the neighbor- 
hood of the black bituminous slate, which is represented on 
the map stretching north in a narrow band, commencing at 
New Albany in Floyd county, and extending through part 
of Clark, Scott, Jennings, Bartholomew, Decatur, and pro- 
bably beneath the diluvium, in a northerly direction, to- 
wards Elkhart. 

If we were to speculate from geological observations, 
on the future condition of Indiana, we should say, that the 
western counties are destined to become, one day, the 
chief manufacturing counties; since, with a few exceptions, 
all large manufacturing towns and districts are situated 
on the coal formation. 

The freestones of this formation being often soft and fis- 
Soine of the gjig owing to the existence of mica disseminated in layers 
coals and- .1 i /L • i ^ ^ a .> r • . 

stones suita-^"''°"g'^ their substance, and to the ferruginous cement 
ble for build- which unites their particles, being liably to undergo alte- 
ing. ration by the action of the atmosphere upon it, a careful 

selection by the builder is always necessary. In several 
places, particularly towards the base of the formation, or 
near its eastern boundary, as at Attica, Williamsport, on 
Pine creek, and near the French Lick, with a little care, 
freestone, white and fine grained, and excellently suited 
for architectural purposes, may be readily obtained. In 
character and geological position it resembles the celebra- 
ted Scotch freestone, of which the new town of Edinburgh 
and a portion of the town of Glasgow are built. 

At New Harmony there is a quarry of freestone, yield- 
ing rock that has stood the test of twenty years; yet it is 
by no means equal to the strata above alluded to, in our 
eastern counties. 

A freestone of a very fine grain and white color is quar- 

attheTrench "^^ ^^ ^^^ French Lick, west of Paoli. It is manufactu- 

Lick. red into whetstones, that answer admirably for putting a 

fine edge on tools, and for polishing. They are exported 

to all parts of the United States. 

Good grindstones are also manufactured from a similar 
stratum of these freestones, of a coarser grain- 

The eastern boundary or base of the eoal formation is 



151 :'3 

the most likely place to afford salt- water; for we find the 
most productive salt-wells throughout the Western coun- 
try occurring in the inferior members of the coal formation, where salt 
Thus, should symptoms of salt water make their appear water most 
ance in the counties of Perry, Spencer, Dubois, Martin, ^'^^^^'^ ^° ^® 
Daviess, Greene, Owen, Clny, Putnam, Montgomery, or 
Tippecanoe, the encouragement to make a search would 
be greater, than if found elsewhere in the state. 

Salt, however, is not, strictly speaking, constant in i s 
geological position. In Europe, it usually occurs in the 
New Red sand stone, — a formation higher and of more re- 
cent origin than the bituminous coal formation; while, on 
the Holston, a tributary of the Tennessee river, there is 
a fine salt deposite, surrounded by gypsum or plaster of pa- 
ris, lying on the grauwacke formation. 

Two or three salt wells have been sunk in the knobs 
east of Bloomington, through the siliceous beds belonging 
to the sub-carboniferous group. The salt is of excellent 
quality; but the water has hitherto proved too weak loaf- 
ford a fair profit. The boring after salt is, in truth, at all 
times, attended with considerable uncertainty. 

Quantities of argillaceous iron ore, — from which, in Argillaceous 
Great Britain, C00,000tons of iron are annually obtained,— iron oreinln- 
occur in some of the slates of the bituminous coal forma- ^lana. 
tion of Indiana. 

Some of the clay slates answer well for fire-brick. That 
now excavated near '1 roy is to be manufactured in to fire- 
brick for sale, — an important article of commerce, in a ^^"^^ ^^^'^' 
country where steams engines are so extensively used, and 
indispensable where furnace operations are carried on to 
any extent. 

Some ofour clays in the coal formation answer well for 
the manufacturing of stoneware and grey pottery-ware. I'otters' elay. 
Such wares are now manufactured from them at Troy. 

Since 1 first called the attention of the proprietors to 
the deposite of the hydrated brown oxide of iron, near the 
falls of Eel river, examinations have been made, by dig-Extent of Eel 
ging in four or five different places: ore has been struck river ore. 
in all of them; many tons have been thrown up, and the 
prospects are so encouraging, that the proprietors of the 
falls are now endeavoring to form a company, to erect a 
furnace, and commence, on an extensive scale, smelting 
tbe ore. 

Sandstone being the predominating rock in this coal In the soit 
formation; and the greatest part of the soil of these west- °^'^' *^^ '^^^^ 
ern counties being formed from its disintegration, we find ^^^^ Qjugj 
it generally of a sandy character. predominate. 

The dip and position of the various beds belonging to 
coal measures are generally constant, unless where, from 



i52 

the protrusion of basalt or greenstone, those volcanic dis- 
turbances, called by tbe miners, ^'' faults^'' "troubles,"'^ or 
"o'?/A;es," have disturbed tlie regularity of posiiion. If, 
then, the general dip and order of succession of the strata 
can be ascertained, and these should appear to be free 
from faults or material undulation, a pretty correct esti- 
mate might be formed of the de[)th of the various seams 
of coal and other strata in ditferent parts of the coal tields 
of Indiana. 

Most of the limestones in the oolitic series, — that is, 
those occurring in the counties of Crawford, Orange, Law- 
rence, Monroe, Owen, and Putnam, — make good build- 
Oolitic lime- ing materials. The encrinital limestones in Harrison, 

stones good W^ashington, Jackson, Bartholomew, and Morgan coun- 
building ma- ^. i •. i i /■ ,i , . ^ iU -i- 

terials. ties, are also ver}' suitable for that purpose; but the sili- 

ceous strata, or Sind-rocks, in these counties are generally 
soft and crumbling, and by no means durable. The only 
use that the black bituminous aluminous slate, occurring 
in the sub-carboniferous group, can be put to, is for the 
manufacture of alum.* 
Water-lime The sub-carboniferous group, aflfords a water lime,which 

associated appears to be a compound chiefly of limestone and 
with bitumin- i ' .,, ... . . . "^ i. • • i j wL 

ous alumin- ^''^J' with some bituminous matter, it is associated witll 

ous slate. the black bituminous aluminous slate above mentioned* 
Some of the limestones in its neighborhood, — for instance, 
those rocks which are excavated at the top of the hill be- 
hind Madison, — contain green earth, and some are im- 
pregnated with bitumen and sulphuret of iron. In mak- 
ing a selection of building materials in such strata, care 
should be taken not to use any such, unless their durabili- 
ty has been well tested ; for they are generally liable to 
decay. 
Some of the The fossilliferous limestones of east Indiana, namely, 
fossilliferous those found in Jefferson. Switzerland, Dearborn, Ripley, 
limestones t^ i i- t:^ k j n • .• i i i i 

suitable for r ranklm, Jf ayette and Union counties, are durable rocks, 

marbles. and some of them make beautiful marbles. 

The same fhe sub-carboniferous formation of Indiana is identical 

istTtn India- ^'^'^ ^^® formation occurring in Middle Tennessee, in 

na, in which 

the large de- * For this purpose it must be heaped together in piles, and 
positesofiron gg^ fj^e to ; for it will burn for a short time, as we have before 
inTennesses. ^^P^^^"^*^* After combustion, the sulphur and iron are both 
oxidized: the former becomes sulphuric acid, the latter, oxide 
of iron. A portion of the sulphuric acid unites with alumina, 
and the rest with oxide of iron, — forming a double salt, — the 
sulphate of alumina and iron. The iron has now to be got rid 
of. For this purpose, potash or ley is added, which throws 
down the oxide of iron, and appropriates its sulphuric acid to 
itself; thus forming a sulphate of alumina and potash, or alum. 



153 

which the enormous deposites of the hydrated brown oxide 
of iron, constituting so much of the mineral wealth of that 
State, are found. 

The deposites of this kind of ore, in Indiana, however, 
although found in the same formation, are not associated 
with exactly the same strata. In Tennessee, they are in 
the siliceous strata, just above the encrinital limestones; 
those at present discovered in Indiana are either resting 
on the oolitic series of limestones, or near the bituminous 
aluminous slate. 

The soil in Crawford, Orange, Lawrence, Monroe,Owen General cha- 
and Putnam counties, being formed chiefly from the oolitic ggii ^f gtat^e^ 
limestones, has a calcareous character, and is admirably 
adapted for the growth of grasses. 

Clay will be found to predominate in the soil of the 
counties of Floyd, Clark, Scott, Jennings, and parts of 
Bartholomew, Decatur, Shelby, Johnson, Marion, and 
Hancock; because the soil of these counties is underlayed 
by clay slates. Hence we find the beech tree, which de- 
lights in a clayey soil, there growing luxuriantly. 

The soil of Jefferson, Switzerland, Dearborn, Ripley, 
Franklin, Fayette, Union and parts of Decatur and Rush, 
being formed upon alternating strata of clay and lime- 
stone, must parlake chiefly of these two earths. This soil 
is also well adapted to the growth of grasses. 

The soil of the north-western counties appears to be a i 

siliceo-calcareous sand, resting upon a clay bottom. This 
I conceive to be the reason why it is so much more pro- 
ductive than its external appearance promises. These 
points, however, I intend more fully to verify, by analysis, 
so soon as I can get samples of all the various soils. As 
yet, my opinion has been formed chiefly from ocular ob- 
servation, and reasoning from general principles. 

The water in the north-western counties is strongly im- 
pregnated with carbonic acid. This, acting as a solvent 
upon limestone, and the protoxide of iron, dissolves them 
wherever it meets with them in its passage to the surface. 
And thus we find these waters often highly charged with 
these two ingredients, forming calcareous and chalybeate 
springs. As they lose very soon, by exposure to the air, Water in the 
the excess of carbonic acid, which acts as a solvent of these "^f'^A'Shly 

,. , . . , 1 J 1 i_ ii. charged with 

ingredients; and as iron is brought also, by the same ex- ij^g and iron. 

posure to air, to a higher degree of oxidation, and there- 
fore to a more insoluble form; these two causes acting to- 
gether soon produce deposites of calcareous tufa and bog- 
iron ore, so frequently found in that country. The quan- 
tity of bog-iron ore, is, therefore, continually on the in- 
crease. 

The greater part of Indiana must have been, at some Greater pan 
20 



ana. 



154 

of Indiana period of the earth's history, covered by an ocean; fof 
once under mostof the fossils in the limestones are of marine origin. 
No gold or None of the precious metals will ever be found in Indi- 
eilver in Indi- ana, unless in minute portions in boulders, or in small 
quantities in combination with other metals;* because the 
primitive and grauwake formations, in which alone pro- 
ductive miles of gold and silver ore occur, do not exist in 
Indiana. It is true that, in some rare instances, silver is 
found as a sulphuret and as red silver ore, in such forma- 
tions as exist in the western country ; but I have seen no 
symptoms of any such in our State. The same may be 
said of bismuth, tin ore, and native arsenic. The only 
metals which we need look for, are iron, lead, antimony, 
manganese, zinc, cobalt, and possibly some varieties of 
copper and arsenic ores. 
No anthracite It is not likely that anthracite coal will ever be found in 



coal in Indi 
aba 



* The gold of the United States occurs in micaceous and 
talcous slates, which never contain fossils. Stream gold is, 
indeed, found in alluvial deposites ; but these are never far 
distant from the non-fossilliferous slates, from the disintegra- 
tion of which they have been formed. One or two extraordi- 
nary exceptions to the general rule of gold being found only in 
non-fossilliferous rocks, are instanced by Humboldt. He men- 
tions mines being worked for the precious metals in a lime- 
stone corresponding in age to the magnesian limestone of Eng- 
land, and one in a deposite as recent even as the oolitic series. 

That brilliant metallic-looking mineial, sometimes of a gold- 
en yellow color, and at other times of a silvery white appear- 
ance, and often ciystallized in cubes, so frequently taken for 
gold and silver, is iron pyrites, — a compound of sulphur and 
iron. It may be easily distinguished by putting a piece of it 
into a shovel, and placing it over the fire : if it be iron pyrites, 
a suffocating sulphurerous smell will be perceived ; or, in more 
common language, it will smell of brimstone ; and a dark, brit- 
tle substance will remain. 

The only use to which this sulphuret of iron, found so abun- 
dantly in many parts of our State, can be put, is for the manu- 
facture of copperas or sulphate of iron. For this purpose, frag- 
ments of the ore are strewed in a convenient situation, so as 
to be acted on by the atmosphere ; when the sulphur becomes 
sulphuric acid, and the iron, oxide of iron. A small stream of 
water is made to pass slowly over it; this dissolves up the 
sulphate of iron. This solution is conducted into kettles, and 
evaporated or boiled down ; fragments of iron are thrown in, 
to unite with and neutralize the free sulphuric acid, which is 
always in excess ; and the salt crystallizes so soon as it has 
arrived at a sufficient degree of concentration. 

The thin, clastic, yellow glistening metallic-looking scales 
found in many of the boulders, are mica, or, as it is commonly 
called in this country, isinglass. 



155 

Indiana; because that mineral is usually found in the pri- 
mitive and grauwacke formations. 

Several detached pieces of native copper have been Detached 
found in the State, one weighing five pounds; but, from "?*^^®^ °^"*' 
the nature of the ore, its occurring in washed gravels, and filTnd!'^^*'^ 
only in isolated pieces, I have reason to believe that they 
do not originate in the State. I may add that the kupfer- 
schiefer of the German miners yields, at the mines of Mans- 
field, in Thuringia, an abundant supply of copper ore. — 
This copper slate is found at the bottom of the new red 
sandstone formation, which overlies the bituminous coal 
formation; and copper ores have been found in the car- 
boniferous and mountain limestone. There is, therefore, 
a possibility of discovering workable copper ore in the 
formations of Indiana. 

The fertility of the soil of Indiana is universally admit- Reason for 
ted, yet few are aware that it arises mainly from its geo- **1® j^^''"V'y 
logical position. It is well known to geologists, that that Indiana, 
soil is the most productive, which has been derived from 
the destruction of the greatest variety of different rocks; 
for thus only is produced the due mixture of gravel, sand, 
clay, and limestone, necessary to form a good medium for 
the retention and transmission of the nutrative fluids, be 
they liquid or aeriform, to the roots of plants. Now, In- 
diana is situated near the middle of the Great Valley of 
Northwestern America, and far distant from the primitive 
range of mountains; and her soil is accordingly formed 
from the destruction of a vast variety of rocks, both crys- 
talline and sedimentary, which have been minutely divid- 
ed and intimately blended together by the action of air 
and water. It has all the elements, therefore, of extraor- 
dinary fertility. 

DAVID DALE OWEN, 

Geologist of the State, 



15G 



APPENDIX. 



iSuggestions 
reg'g future 
surveys. 



Suggestions as to the mode of conducting future Surveys. 

II will perhaps be expected that I should say something 
respecting what remains to be done in future geological 
examinations. If it be desired to make a minute geologi- 
cal survey of the State, it would be necessary to make, 
with the aid of good instruments, correct topographical 
examinations and maps of all the ridges and water-cour- 
ses; to ascertain the succession, thickness, dip, and course 
of the different strata; above all, to collect diligently fos- 
sil organic remains; to analyse carefully all the ores, coal, 
cements, marl, clays, and soils, so as to estimate ther in- 
trinsic relative value; to make experiments upon the dhira- 
bility of certain strata for building materials; to polish dif- 
ferent specimens of such strata as seem likely to afford 
good marble; to endeavor to ascertain the correspondence, 
dip, and prevalence of the various seams of coal, and ac- 
curately determine their thickness and succession, and 
those of the intervening strata of sandstone, shale, lime- 
stone, and clay: to make a general collection of specimens, 
to be arranged and deposited at the seat of government; 
perhaps to make a particular collection of the rocks and 
fossils in each county, to be deposited at each county seat, 
for the inspection of the inhabitants, and for the benefit of 
the county seminary, in order to afford to all an opportunity 
of examining and judging of the resources of each district of 
country; to determine the nature and variety of the vege- 
tation peculiar to each formation; and perhaps to make 
observations on the natural history of Indiana generally; 
to examine carefully the various species to which the fos- 
sils belong, and make a rigorous comparison between them 
and those found in other parts of America and Europe, 
with a view of discovering the correspondence between 
our formations and those of other parts of the United States 
and the Eastern hemisphere. This is a subject now of the 
highest interest to scientific men in all parts of the world, 
as it is to confirm or demolish theories, which materially 
affect the science of geography, in a practical as well as a 
scientific point of view. 

It will at once be seen that (his is a work which can be 
fully accomplished only by the united labors of several in- 
dividuals, by the expenditure of considerable capital, and 



157 

by the consumption of much time. Whether Indiana would 
be warranted in carrying out, at the present juncture, so 
expensive an undertaking, it is not for me to determine, 
lean but express my opinion that it would ultimately am- 
ply repay all outlays and labor. 

A more economical, and, of course, a more superficial 
and less satisfactory course, might be pursued; a course 
similar to that which was necessarily adopted during the 
past season. It would be for the geologist to travel from 
place to place, make merely ocular, or perhaps partial sur- 
veys with instruments, of the various beds of rocks, and 
determine by approximation their thickness, dip, succes- 
sion, &c.; to collect, as far as time and opportunity will 
permit, specimens and fossils; and to follow up the before- 
mentioned objects as far as the time and exertions of one 
individual may suffice for that purpose. 

This plan, of course, could not pretend to the same accu- 
racy as the former. Still much that is important might be 
accomplished. The more extensive plan is that pursued 
in the Atlantic states, and, I presume, in Michigan and 
Ohio; the latter is that which has been adopted by the le- 
gislature of Tennessee. D. D. O. 



158 

The President laid before Ihe Senate a communication from the 
Honorables Isaac Blackford, Charles Dewey, and Jeremiah Sullivan, 
Judges of the Supreme Court, in answer to a certain resolution calling 
upon them to saj, whether they were ready to report a revision of the 
laws of the State of Indiana, to the present General Assembly ; 

Which communication was reported to the judiciary committee. 

The President laid before the Senate the following report from the 
Auditor of Public Accounts: 

Auditor's Office,) 
Indianapolis, December 9, 1837. 5 

In obedience to a resolution of the Senate of yesterday, requesting 
a statement of the amount received by the Auditor as his salary, the 
following statement is submitted. 

The permanent salary of the Auditor is five hundred and fifty dol- 
lars; four hundred dollars of which are for his services as Auditor, 
and one hundred and fifty dollars for his services in keeping books, cor- 
responding with those of the Commissioners having charge of the Wa- 
bash and Erie Canal Land Office, and those of the Board of Fund 
Commissiouers designed as checks upon those officers. For keeping 
Michigan Road Land Office books, corresponding to those kept by 
the Commissioner authorized to sell those lands, the Auditor has re- 
ceived an additional allowance of fifty dollars annually, but as the du- 
ties of that officer may be considered as ended, nothing more can be re- 
ceived after this year from that source. 

Nothing has been received by the Auditor for making out and trans- 
mitting to the respective counties annual statements of the taxable land 
in each. The compensation allowed for this service, is the same as the 
amonnt charged at the respective offices furnishing the Auditor with 
the returns, and the amount thus charged and allowed has, in every in- 
stance been received by the Clerk employed to do the labor. 

The Auditor is allowed one half per cent, on all moneys paid into 
the State Treasury for sales of lots in Indianapolis. The sum received 
from this is small, and annually decreasing — last year it was near 7 
dollars, this year 4 dollars. 

In the act establishing the present system of Internal Improvements, 
it is made the duty of the Board of Internal Improvement to return to 
the Auditor copies of all vouchers for moneys expended, as well as re- 
ceipts of money from the Fund Commissioners. This has been done 
by the Board, and accounts are open with the Board and with each 
memher of the Board, corresponding with those kept by the Secretary 
of the Board. For this service the Auditor was to have received the 
same allowance for clerk hire as that paid by the Fund Commissioners 
for clerk hire. But the duties of a clerk to that body having thus far 
been discharged mostly by a member of the Board, they do not con- 
ceive themselves authorized to make any allowance to the Auditor, un- 



159 

til they will have appointed a clerk. This they reported to the Legis- 
lature at the last session. 

The Auditor is not allowed any fees. 

Respectfully Submitted, 

JMORRIS MORRIS. 
Which was by consent laid on the table, and, 
On motion, the Senate adjourned. 

2 o'clock P. M. 

The Senate Assembled. 

The president laid before the Senate the following report: 

Report ordered to be laid on the table and 200 copies printed. 

Treasijrer's Office, ) 

Indianapolis, 12th Dec. 1837.5 

Hon. David Hillis, 

President of the Senate : 
I herewith transmit to be laid before the Senate, a statement of the 
operations and condition of the 3 percent. Fund. 

Very respectfully your ob't serv't. 

N. B. PALMER, 

Ag't 3 percent Fund. 

The total amount of three per cent, fund received from the United 
States prior to the 1st December, 183G, including also $2,550 re- 
ceived from the State Treasury, is $380,650 61 

There has been received from the U. States 

the present year 57,450 00 



The payments from this fund on the various 
appropriations to roads, rivers, and coun- 
ties, prior to the 1st December, 1836, 
amounted to 303,308 52 

There has been paid on same account, the 

present year 93,317 74 

The total amount of incidental up to the 1st 

December 1837, is 4,733 94 



$438,100 61 



401,354 20 

$36,746 41 

Leaving on the 1st of December iust. on hand, subject to the order of 
the proper commissioners, the sum of $36,746 41. 

The following table will show the amount appropriated to each of 
the several objects, to which this fund has been directed; also the 
amount paid to, and the balance due to each. 



160 

As was anticipated in my last annual report, the amounts accruing 
to this fund have greatly decreased from last year: the receipts being, 
the present year, but little over one-third of the amount realized in 
1836. 

From the already small and rapidly decreasing amount of sales of 
public lands, it is believed that the existing amount of appropriations 
over the amount received, (being at this time ^140,781 91) will not 
be met by the accruing fund, in all probability, under three years to 
come. 

The right hand column in the following table, shows the amount yet 
going to each county to meet all existing appropriations; this balance, 
however, is but a portion of it now on hand, there being yet lo be re- 
ceived from the United States the sum of $1,618 21 for each county 
to fill the appropriation of last winter. 

To ascertain the amount now on hand for any county, subtract the 
^1,618 21 from the amount set in the right hand column as due the 
proper county, and the balance will be the amount now on hand for 
such county, and subject to the draft of the proper commissioner. 





>) 


£ji 


£i* 


bs 


?.^ 11 


o o 2 


s 


S- 








f 
5" 


1 


«< ^ 


^ o 

Pi 




1. 

• 




R. 










12 


George White 


2,712 23 


2,701 19 


11 04 


14 


Garra Davis 
Amount appropria- 
ted and paid on 53 


3,033 80 


3,025 02 


8 78 




roads 


111,740 05 


111,740 05 






Amount appropria- 










ted and paid on 10 










rivers 


2,050 00 


2,050 00 


*■ 


1 


Allen 


5,387 50 


3,314 36 


2,073 14 


2 


Adams 


3,500 00 


2,900 00 


2,600 00 


3 


Boone 


5.500 00 


3,881 79 


1,618 21 


4 


Bartholomew 


5,500 00 


3,631 78 


1,868 22 


5 


Brown 


4,000 00 


2,148 31 


1,851 69 


6 


Clinton 


5,387 50 


3,314 36 


2,073 14 


7 


Cairoll 


4,900 00 


3,081 79 


1,818 21 


8 


Cass 


5,000 00 


3,221 45 


1,778 55 


9 


Clark 


5,500 00 


3,500 00 


2,000 00 


10 


Crawford 


5,500 00 


3,381 79 


1,618 21 


11 


Clay 


5,387 50 


3,608 95 


1,778 55 


12 


Dearborn 


5,500 00 


2,450 00 


3,050 00 


13 


Decatur 


5,500 00 


3,426 86 


2,073 14 


14 


Dubois 


5,500 00 


3,500 00 


2,000 00 


15 


Delaware 


5,500 00 


3,721 45 


1,778 55 


16 


Daviess 


5,500 00 


3,410 33 


2,089 67 


17 


DeKalb 


4,000 00 




4,000 00 


18 


Elkhart 


5,500 00 


3,501 00 


1,999 00 


19 


Fountain 


4,900 00 


2,900 00 


2,000 00 


20 


Floyd 


5,500 00 


3,426 86 


2,073 14 


21 


Franklin 


5,500 00 


3,426 86 


2,073 14 


22 


Fayette 


5,500 00 


3,881 79 


1,618 21 


23 


Fulton 


4,000 00 


2,221 45 


1,778 55 


24 


Gibson 


5,500 00 


3,410 33 


2,089 67 


25 


Grant 


5,500 00 


3,721 45 


1,778 55 


26 


Greene 


5,500 00 


3,500 00 


2,000 00 


27 


Huntington 


5,387 50 


3,314 36 


2,073 14 


28 


Harrison 


5,500 00 


3,881 79 


1,618 21 


29 


Hendricks 


5,500 00 


3,500 00 


2,000 00 


30 


Hancock 


5,500 00 


3,666 86 


1,833 14 


31 


Hamilton 


5,500 00 


3,881 79 


1,618 21 


32 


Henry 


5,500 00 


3,881 79 


1,618 21 
2,173 14 


33 


Jackson 


5,500 oo; 


3,326 86 



21 



162 



34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
64 
55 
56 
57 
58 
59 
60 
61 
62 
63 
64 
65 
66 
67 
68 
69 
70 
71 
72 
73 
74 
75 
76 
77 
78 
79 
80 
81 



Jenr 



)gs 



Jefferson 

Jasper 

Johnson 

Jay 

Kosciusko 

Knox 

Lawrence 

Laporte 

Lagrange 

Lake 

Miami 

Montgomery 

Morgan 

Marion 

Madison 

Martin 

Monroe 

Marsiiall 

Noble 

Newton 

Orange 

Owen 

Parke 

Posey 

Perry 

Pike 

Putnam 

Porter 

Pulaski 

Ripley 

Randolph 

Rush 

St. Joseph 

Scott 

Switzerland 

Spencer 

Shelby 

Sullivan 

Steuben 

Stark 

Tippecanoe 

Union 

Vermillion 

Vanderburgh 

Vigo 

Wabash 

Warren 

Washington 



5,600 00 
5,500 00 
4,000 00 
5,500 00 
4,000 00 
4,600 00 
4,900 00 
5,500 00 
5,500 00 
5,500 00 
4,000 00 
5,300 00 
5,387 50 
5,500 00 
5,500 00 
5,500 00 
5,500 00 
5,500 00 
4,000 00 
4,000 00 
4,000 00 
5,500 00 
5,500 00 
4,900 00 
5,500 00 
5,500 00 
5,500 00 
5,500 00 
4,000 00 
4,000 00 
5,500-00 
5,500 00 
5,500 00 
5,500 00 
5,500 00 
5,800 00 
5,500 00 
5,500 00 
4,900 00 
4,000 00 
4,000 00 
4,900 00 
5,500 00 
4,900 00 
5,500 00 
4,900 00 
5,387 50 
4,900 00 
5,500 00 



3,500 OOj 


3,881 


79 


3,500 00 


1,926 


86 


2,595 


22 


2,826 00| 


3,721 


45 


3,648 


31 


3,337 


19 


3,380 00| 


3,521 


55 


3,387 


50 


3,881 


79 


3,G60 00| 


3,881 


79 


3,721 


45 


3,648 


31 


2,000 00| 


1,920 


86 


2,000 00| 


3,721 


45 


3,881 


79 


2,826 74] 


3,426 


86 


3,126 


86 


3,881 


79 


3,769 


25 


2,221 


45 


2,000 00 


3,475 00 


3,500 00 


3,426 


86 


3,500 00| 


3,808 


G5 


3,760 


10 


3,426 


86 


3,881 


79 


2,826 


86 


2,900 00 


3,648 


31 


2,771 


78 


3,500 00| 


2,826 


86 


3,769 


29 


2,900 00] 


3,881 


80| 



2,000 00 
1,618 21 
4,000 00 
2,000 00 

2.073 14 
2,004 78 

2.074 00 
1,778 55 
1,851 69 
2,162 81 
1,620 00 

1.777 55 
2,000 00 
1,618 21 
1,840 00 
1,618 21 

1.778 55 
1,851 69 
2,000 00 
2,073 14 
2,000 00 
1,778 55 
1,618 21 
2,073 14 
2,073 14 
2,073 14 
1,618 21 
1,730 75 
1,778 55 
2,000 00 
2,025 00 
2,000 00 
2,073 14 
2,000 00 
1,691 35 
2,039 90 
2,073 14 
1,618 21 
2,073 14 
4,000 00 
4,000 00 
2,000 00 
1,851 69 
2,128 22 
2,000 00 
2,073 14 
1,618 21 
2,000 00 
1,618 20 



163 



83 Warrick 


5,500 00 


3,466 12 


2,033 88 


84 Wayne 


5,500 00 


3,426 QG 


2,073 14 


85 


VVhitJey 


4,000 00 




4,000 00 


86 


Wells 


4,000 00 


2,681 79 


1,618 21 


m 


White 

Wabash appropria- 


4,487 50 


2,487 50 


2,000 00 




tion. 


7,000 00 


7,000 00 




J 


$574,148 58 


396,620 26 


177,528 32 



By the foregoing table it will be perceived, that there has been spe- 
cially appropriated to roads, rivers, and counties, the sum of $574,- 
148 58. 

The total amount received by the Agent, 
from the United Stales and State Trea- 
sury is $438,100 61 
From which deduct total amount of inciden- 
tal expenses 4,733 94 

. 433,366 67 



$160,781 91 

Exhibiting a balance of appropriations over the amount received 
from the United States &c- of $140,781 91. 
All of which is respectfully submitted, 

N. B,. PALMER, Ag't 3 pr. ct. fund. 



On motion of Mr. Dunning, 

Resoved, That the Board of Internal Improvements be respectfully 
requested to lay before the Senate the reports of the several Engi- 
neers who have surveyed the route of the New Albany and Crawfords- 
ville road for the purpose of determining the character of said road, 
together with the action of the Board on said reports under the pro- 
visions of the 6th section of the act "entitled an act to provide for a 
general system of Internal Improvements. Approved January 27th, 
1836. Also any other action which said board has taken upon said 
reports at as early a date as convenient. 

The orders of the day being called up, thereupon 

Bill No, 7 — entitled "a bill to prevent injuries to the National road 
in Indiana," was read a 2d time and referred to a select committee 
composed of Messrs. Moffitt, Sigler, Little, Brady, Bell, Stanford, 
Bradbury and Elliott. 

Bill No. 4, entitled "a bill to amend the act for the appointment of 
trustees to review deeds for lots or lands given for schools, meeting 
houses, and masonic lodges." 

Which was read a second time and ordered to be engrossed for a 3d 
reading on to-morrow. 



164 

Bill No, 12, entitled "a bill amendatory of the act entitled an act 
relative to crime and punishment," approved Feb. 10, 1831 ; 

Which was read a second time and ordered to be committed to a 
committee of the whole, and made the order of the day on to-morrow. 

Bill No. 13, entitled "a bill authorizing a change of venue in certain 
cases," 

Read a 2d time and referred to a select committee composed of 
Messrs. Dunning, Thompson of P., and Colerick. 

The following message was received from the House of Represent- 
atives, by Mr. Elliott their clerk: 

Mr, President — 

The House of Representatives have passed engrossed bills of the 
Senate, entitled as follows: 

No. 5 — An act making an appropriation of part of the three per 
cent, fund in Lawrence county; 

No. 8 — An act to appropriate part of the throe per cent, fund in 
Fountain county. 

The latter with an amendment, in which the concurrence of the 
Senate is requested. 

On motion of Mr. Dobson the Senate concurred in the amendment 
oflfered by the House, and order that the Secretary inform the House 
of Representatives thereof. 

On motion of Mr. Little, 

Resolved, That the judiciary committee beinstrutced to inquire into 
the expediency of providing by law for the call of circuit courts in 
certain cases. 

Mr. Clark offered the following resolution: 

Resolved, That the standing committee on the judiciary be instruct- 
ed to inquire into the expediency of reporting to the Senate a joint re- 
solution or bill disqualifying stockholders of any insurance company 
or savings institution, receiving or holding the appointment of director 
on the part of the state, of the State Bank of Indiana or of any of its 
branches, if in the opinion of the committee such an enactment would 
not be incompatible with the charter of said bank. 

On motion of Mr. Mitchell the resolution was so amended as to ex- 
clude stockholders of exchange offices. 

The question was then on the adoption of the resolution; and it was 
adopted. 

Mr. Moore presented a petition from Mr. Mead and others praying a 
change of the manner of electing the three per cent, fund agent; 
referred to a select committee composed of Messrs. Moore, Stew- 
art and Chambers. 

On motion, Senate adjourned. 



165 

THURSDAY MORNING, Dec. 14, 1837. 
Senate assembled. 

Mr. Thompson of L. from the Judiciary Committee, now reports: 
Mr. President — 

The Judiciary Committee" to whom was referred two resolutions of 
the Senate, instructing an inquiry into the expediency of amending the 
law relative to the mode of doing county business, in such manner as 
to have the same done uniformly, by County Commissioners, through- 
out the State, have directed me to report the following bill: entitled, 

"A bill [No. 19] repealing certain laws now in force, in several coun- 
ties of this state, regulating the mode of doing county business therein.' 

Which was ordered to a second reading on to-morrow. 

Mr. Thompson of L. from the Judiciary Committee, now reports: 

Mr. President — 

The Judiciary Committee to whom was referred a resolution of the 
the Senate, instructing an inquiry into the expediency of repealing so 
much of the 9th section of an act entitled "an act for the prevention 
of frauds and perjuries," approved January 24th, 1831, as requires a 
Feme Covert to be examined separate and apart from her husband, in the 
conveyance of her interest in, and to any lands, tenements, or heredita- 
ments whatever, have instructed me to report the following bill: enti- 
tled, 

A bill (No. 18) amendatory of an act, entitled "an act for the pre- 
vention of frauds and perjuries," approved Jan. 24th, 1831. 

Which was ordered to a second reading on to-morrow. 

Mr. Thompson of L. from the Judiciary Committee, further reports: 
Mr. President — 

The Judiciary Committee to whom was referred the resolution of 
the Senate instructing an inquiry into the expediency of repealing all 
laws now in force in this State, inflicting the punishment of death, and 
substituting, in lieu thereof, solitary confinement in the State's Prison, 
have considered the same and directed me to report that it is inexpe- 
dient to lesislate thereon, and asked to be discharged from the further 
consideration thereof. 

And the committee were accordingly discharged. 

Mr. Kennedy from the committee on unfinished business, made the 
following report: 



166 

Mr, President — 

The committee to whom was entrusted the examination of the un- 
finished business of last session, have performed that duty, and report 
the following unfinished business, viz: 

1 . A bill to change the name of the village of Lakeport in LaportCj 
to Hudson. 

2. A bill to repeal an act incorporating the township in Warren 
county. ^^ 

3. A bill to amend an act entitled an ai#t to authorize the inhabitants 
of township eight, south of range two west to sell their school lands, 
approved Feb. 1st, 1836. 

4. A bill to amend an act entitled an act to incorporate the Wabash 
and Michigan Rail Road Company, approved Feb. 2, 1835. 

5. A bill ralative to the three per cent, fund in the counties of Clin- 
ton, Carroll and White. 

6. A bill to repeal that part of an act entitled an act (o amend the 
several acts regulating the jurisdiction and duties of Justices of the 
Peace, in the several counties therein named, approved Feb. 7, 1835. 

7. A bill organizing the Judicial circuit and fixing (he time of 
holding courts therein. 

8. A bill for granting Licenses in certain cases. 

9. A bill to authorize the sale of a certain lot of land adjoining the 
town of Indianapolis, and for other purposes; 

10. A bill supplemental to the act entitled an act for opening public 
roads and highways; approved Feb. 10, 1831 ; 

11. A bill to authorize a survey in continuation of the Erie and 
Michigan canal 5 

12. A bill to extend the jurisdiction of the laws of the State of In- 
diana over certain bands of Indians; 

13. A bill for a survey and estimate and construction of a rail road 
from the east line of the state to the Erie and Michigan canal, in Elk- 
hart county; 

14. A bill to authorize the treasurer to loan certain moneys, to the 
Indiana Teaches' Seminary; 

15. A bill to amend an act to license and regulate taverns and gro- 
ceries, approved Feb. 3d, 1832; 

16. A bill for the preservation of the state house and for other 
purposes; 

17. A bill authorizing (he refunding certain monies to Montgomery 

county; 

18. A bill supplemental to an act to provide for a general system of 
internal improvements; 

19. A bill to provide for a survey and estimate for a rail road or turn- 
pike, from Troy, Perry county, to the Central canal; 

20. A bill to amend an act to provide for a general system of inter- 
nal improvement; 

21. A bill to legalize the sale of a part of school section No. 16, in 
township No. 4, south of range No. 8 west, in Warrick county ; 



167 

22. A bill to improve the breed of cattle'in While county; 

23. A bill in relation to the locks in the canals authorized to be con- 
structed by the state of Indiana ; 

24. A bill to provide for a survey on the Michigan road and for oth- 
er purposes; 

25. A bill supplemental to an act to provide for a general system of 
internal improvements, approved Jan. 27, 1836; 

26. A bill for the relief of contractors on the Wabash & Erie canal; 

27. A bill to incorporate the Washington savings institution; 

28. A bill to amend an act entitled 'an act to organize probate courts, 

29. A bill repealing part of an act entitled, "an act to provide for a 
general system of internal improvement,' approved January 27 th, 1836, 

30. A bill to alter and define the boundary lines of Grant county. 

31. A bill amendatory of an act entitled 'an act relating to crimes 
and punishment,' approved February 10th, 1831. 

32. A joint resolution of the General Assembly of the State of Indi- 
ana, in relation to ports of entry. 

Owing to the unusually large quantity of unfinished business, and 
the great quantity of the same being of a local character, the commit- 
tee have instructed me to report all the foregoing bills to the Senate, 
and recommend that they lie upon the table, in order that the Sena- 
tors, who are directly interested in the local bills, may make such dis- 
position of them, as they may wish, at a subsequent time; 

Which was laid on the table by consent. 

Mr. Dunning of the select committee for that purpose, reports: 

That the select committee to which was referred the bill, entitled 
"a bill [No. 13] authorizing a change of Venue in certain cases there- 
in named," and the accompanying documents, have had the same un- 
der consideration and have directed me to report the same back to the 
Senate without amendment. 

Mr. Dunning moved that the bill be considered as engrossed and 
read a third time now ; and the bill passed to a third reading. 

Mr. Dunn moved that the bill be recommitted to the select commit- 
tee with instructions to strike out Vigo, and insert any county adjoin- 
ing. 

Mr. Brady moved to amend the amendment (relative to the instruc- 
tions) by inserting Putnam county. Which was agreed to. 

Mr. Mitchell proposed the following amendment: 

And that the Prosecuting Attorney be authorized to furnish the 
means of conveying the female witnesses to Putnam county and pay 
themas witnesses in advance, and draw upon the county Treasury of 
Monroe county for such sums as may be necessary to accomplish that 
object, which was negatived. 

The question then recurring on the commitment of the bill, it was 
accordingly recommitted to the same committee, by consent. 
Mr. Dunning from said committee, thereupon reports: 

That the select committee to which was referred a bill entitled "a 
bill (No. 13) authorizing a change of venue in certain cases therein 
named with certain instructions, have had the same under consideration 



168 

and have made cerfain amendments thereto, to wit: strike out the 
word Vigo wherever it occurs and insert the word Putnam. 

The rules of the Senate being dispensed with, the bill was consid- 
ered as engrossed and read a third time. And on the question, shall 
the bill pass? The Senate decided in the affirmative. 

On motion, the Senate adjourned. 

2 o'clock^ P. M. 

Senate assembled. 

The President laid before the Senate a communication from the 
Treasurer of State in answer to a certain resolution of the Senate. ^ 
On motion of Mr. Clark, laid on the table. 
Mr. Stanford from the committee on Enrolled bills, reports: 

Mr. President — 

The joint committee on enrolled bills now reports, that they have com- 
pared the enrolled with the engrossed bill of the Senate No. 6, enti- 
tled, an act making an appropriation of part of the three per cent fund 
in Lawrence county. 

And also, the enrolled with the engrossed bill of the Senate, No. 8, 
entitled an act to appropriate part of the three per cent, fund in Foun- 
tain county. And find them truly enrolled. 

Mr. Walker from the select committee on that subject, reports: 

That the select committee to whom was referred the petition of Jo- 
seph F. Boggs, and others, have had the same under consideration and 
instructed me to report the following bill, entitled 

"A bill (No. 20) to locate a State road from Indianapolis, Marion 
county, through Johnson and Shelby counties, to Shelbyville, in Shelby 
county." 

The rules of the Senate being dispensed with, it passed to a second 
reading; and was ordered to be engrossed and read a third time on to- 
morrow. 

On motion of Mr. Crawford, 

Resolved^ That the Judiciary committee be instructed to enquire in- 
to the expediency of so amending the law regulating frauds and per- 
juries, that any deed or deeds of conveyance hereafter made of any 
lands in this state, the legality and priority of such deeds shall be con- 
sidered from the date of the record of such deed or deeds of convey- 
ance in the proper county where such lands may be situated. 

Mr. Walker, in accordance with a previous notice, offered the fol- 
lowing resolution: 

Resolved^ That the standing rule of the Senate referring to the ap- 
pointment of the Committee on Canals and Internal Improvements be 
so suspended or amended as to admit of adding the Senator from Cass, 
to that committee. 

Mr. Morgan ofR. moved as an amendment that the Senator from 



169 

Cass should serve on this appointment only during the present session, 
and on the motion of Mr. Morgan of R. the resolution and amendment 
were laid upon the table. 

Mr. Thompson of P. gave notice that he would, on to-morrow, move 
the addition of the Senator from Knox and Ripley to the committee 
on Canals and Internal Improvements. 

On motion of Mr. Morgan of R., 

Resolved, That so much of the Governor's Message as relates to the 
speedy completion of a portion of the Public Works, meets the appro- 
bation of the Senate. 

On motion, adjourned. 



FRIDAY MORNING, Dec. 13th, 1837. 

Senate Assembled. 

Mr. Stanford of the committee on enrolled bills now reports: 

Mr. President — 

The joint committee on enrolled bills now report that they have 
compared the enrolled with the engrossed joint memorial and resolu- 
tion of the House of Representatives, No. 14, entitled 

A memorial and joint resolution relative to the Wabash and Erie 
canal, and find the same truly enrolled. 

Mr. Crawford presented a petition from James Hossette and others, 
praying an appropriation of the 3 per cent fund, &c. Referred to 
committee on roads. 

Mr. Vawter presented a petition from John King and others pray- 
ing a change of part of the Vernon and Greensburgh state road, &c. 
referred to a select committee composed of Messrs. Vawter, Morgan 
of D., and Walker. 

The following message was received from the House of Represent- 
atives, by Mr. Elliott their clerk: 
22 



170 



Mr. President— 

The House of Representatives have adopted the following resolu- 
tion: 

Resolved, The Senate concurring, that the joint rules for the 
governnnent of the two Houses be amended, so that the joint committee 
on the "canal fund" be not restricted as to numbers, but shall consist of 
such number of members of each house as may be appointed. 

Mr. Thompson of P. moved to amend by limiting the number of the 
committee appointed from each House so as not to exceed eight; 

Which was agreed to. 

The question then being on the adoption of the resolution, the Se- 
nate decided in the affirmative; and that the House of Representa- 
tives be informed thereof. 

Mr. Moore from the select committee on that subject reports. 
That the select committee to whom the petition of Covel and oth- 
ers was referred, have had the same under consideration and directed 
me to report the following bill, entitled 

A bill No. 21, relative to changing the mode of electing a commis- 
sioner of the 3 per cent, fund in the county of Daviess, which being 
read a 1st time on motion was read a 2d time by consent; and ordered 
to be engrossed for a third reading on to-morrow. 

Mr. Vawter of the select committee on that subject reports. 

That the select committee to which was referred the petition of John 
King and others, now report by hill, entitled 

A bill No. 22 — Changing a part of the Vernon and Greensburgh 
state road, which being read a first time. 

On motion, was read a 2d time by consent and ordered to be en- 
grossed and read a 3d time on to-morrow. 

The Senate proceeding to the consideration of the resolution of the 
Senator from Rush, pending last evening, relative to so much of the 
Governor's message as regards the speedy completion of a portion of 
the public works; 

Mr. Dunning moved to amend by striking out all of said resolution 
from the resolving clause, and insert That the doctrines on the sub- 
ject of the prosecution of our present system of internal improvement, 
as expressed in the inaugural address of his Excellency David Wal- 
lace, Governor of the State of Indiana, meet the decided and cordial 
approbation of the Senate. 

Mr. Thompson of L. moved ihe following amendment to the amend- 
ment, 



171 

And that viewing, as this Senate does, the systeno of internal im- 
provement, provided for by the act of 1836, as so closely and inti- 
mately blended with the best interests and permanent welfare of the 
State, that its suspension or prostration would paralize alike the bu- 
siness and energies of every class of our community, it is the opinion 
of this Senate, that, under the present advanced condition of that 
system, it is inexpedient and impracticable to classify the public works, 
as it would prove destructive to the public good, be a violation of the 
public faith and greatly tend to endanger the continuance and final 
completion of the works. 

The q'lestion then being, shall the amendment to the amendment 
be adopted? and the ajesand noes were called for, 

Those ivho voted in the affirmative are, 

Messrs. Baird of St. J., Beard of Montgomery, Bell, Brown, 
Bradbury, Cathcart, Chambers, Clark, Cole, Colerick, Crawford, 
Dobson, Dunn, Dunning, Elliott, Ewing, Hacket, Kennedy, Little, 
Moffit, Moore, Sigler, Stafford, Thompson of J., Thompson of L., Trask, 
Tuley, Watt of U., and Vawter— 29. 

Those who voted in the negative are, 

Messrs. Brady, Casey, Daily, Finch, Green, Mitchell, Morgan of 
D., Morgan of R., Mount, Puett, Smith, Stanford, Stewart, Terman, 
Thompson of P., Walker, Watts of D- — 17. 

So said amendment was agreed to. 

On motion, Senate adjourned. 

2 o'clock^ P, M. 
Senate assembled. 

The Senate again resumed the consideration of the resolution and 
amendment then pending. 

The question then recurred upon striking out; the ayes and noes 
being called for — 

Those who voted in the affirmative were, 

Messrs. Baird of St. Joseph, Beard of M., Bell, Bowen, Bradbury, 
Cathcart, Chambers, Cole, Colerick, Crawford, Dobson, Dunn, Dun- 
ning, Elliott, Ewing, Hackett, Kennedy, Little, Moffitt, Moore, 
Sigler, Thompson, of J., Thompson of L.) Trask, Tuley, Watt ofU. 
and Vawter — 27. 

Those who voted in the negative were, 

Messrs. Brady, Casey, Clark, Daily, Finch, Green, Mitchell, Mor- 
gan of D., Morgan of R., Mount, Puett, Smith, Stanford, Stewart, 
Terman, Thompson of P., Walker, and Watts of D.— 18. 



172 

So the original resolution was stricken out from its resolving clause. 
The question then was, shall the amendment be adopted? 

TViose who voted in the affirmative were, 

Messrs. Baird of St. Joseph, Beard of M., Bell, Bowen, Bradbury, 
Cathcart, Chambers, Clark, Cole, Colerick, Crawford, Dobson, Dunn, 
Dunning, Elliott, Ewing, Racket, Kennedy, Little, Moffit, Moore, Sig- 
ler, Stanford, Thompson of J., Thompson of L., Trask, Tuley, Watt 
ofU., andVawter— 29. 

TViose who voted in the negative tvere, 

Messrs. Brady, Casey, Daily, Finch, Green, Mitchell, Mor- 
gan of D., Morgan of R., Mount, Puett, Smith, Stewart, Terman, 
Thompson of P., Walker, and Watts of D 16. 

So said amendment was adopted. 

The question then was put, shall the resolution as amended, be a- 
dopted? The ayes and noes being again called for — 

Those who voted in the affirmative were, 

Messrs. Baird of St. Jos., Beard of M., Bell, Bowen, Bradbury, Cath- 
cart, Chambers, Clark, Cole, Colerick, Crawford, Dobson, Dunn, Dun- 
ning, EUiott, Ewing, Racket, Kennedy, Little, Moffit, Moore, Mount, 
Sigler, Stanford, Thompson of J., Thompson of L., Trask, Tuley, Watt 
ofU. and Vawter-30. 

Those loho voted in the negative were, 

Messrs. Brady, Casey, Daily, Finch, Green, Mitchell, Morgan of 
D., Morgan of R., Puett, Smith, Stewart, Terman, Thompson of P.. 
Walkerand WattofD.— 15. 

So it was adopted. 

Mr. Morgan of R. offered the following resolution: 

Resolved, That the committee on canals and internal improvements 
be instructed to report a bill directing the board of public works to cause 
that part of the White Water canal, between Brookville and the Na- 
tional road to be put under contract during the present summer. 

Mr. Sigler moved that the resolution be indefinitely postponed. 
The ayes and noes being called for — 

Those who voted in the affirmative were, 

Messrs. Baird of St. Joseph, Beard of M., Bell, Bowen, Bradbury, 
Brady, Cathcart, Chambers, Clark, Cole, Colerick, Crawford, Dobson, 
Dunn, Dunning, Elliott, Ewing, Racket, Kennedy, Little, Moffitt, 
Moore, Mount, Sigler, Stafford, Thompson of J., Thompsom of L., 
Trask, Tuley, Walker, Watts of D., Watt of If. and Vawter— 33, 



173 

Those Who voted in fke negative were, 

Messrs. Casey, Daily, Finch, Green, Mitchell, Morgan of D., Mor- 
gan of R, Puett, Smith, Stanford, Stewart, Ternnan and Thompson of 
P.— 13. 

The resolution was indefinitely postponed. 

On motion. Senate adjourned. 



SATURDAY MORNING, Dec. 16. 



Senate assembled. 



The President laid before the Senate a communication from the 
President of the State Bank of Indiana. 
On motion of Mr. Mitchell, 
Ordered to lie on the table, and that 1000 copies be printed. 



State Bank, Dec. 29, 1837. 



Hon. David Hillis, 

President of the Senate . 



In answer to a resolution of the Senate requesting the President 
and Directors of the State Bank to "inform the Senate, at what time 
and places, they intend to locale the 12th and 13th branches of said 
Bank," the undersigned respectfully represents, that the Directors not 
being now in session, nor expecting to meet again until the Legislature 
will probably have adjourned, it is not in his power, to give all the in- 
formation on the subject which the Senate may desire, but as he has 
heard the matters referred to in the resolution, discussed in the Board, 
and the opinions of most of the members expressed respecting them, 
he begs leave to submit, for the consideration of the Senate, a brief 
sketch of what has been done, and his views of what the Board are de- 
sirous of doing. It must be recollected however, that the Board meet 
only once in three months, that changes are continually occurring 
amongst the members, and that as many of them have little personal 
knowledge of the northern part of this state, their opinions may be 
much changed, when they obtain further information. 

Two Committees of the Board have visited the towns in the 12th 
district, claiming the location of the branch, one in May 1836, and the 
other in May 1837, and both committees were strongly impressed with 
the propriety of locating two branches in that district, if the Board 
had been authorized so to do. The first committee gave rather a pre- 
ference to South Bend, in the expectation that there should be one at 
Michigan City at no distant day, though if there were to be but one 



174 

branch in that district, and that to be established in 1836, their prefer- 
ence would have been in favor of Laporte. The second committee 
appeared to prefer Michigan City, but the membersof the Board were 
so much divided in opinion, that until the vole had been actually taken, 
no one could tell which point would have been voted for by a majori- 
ty of the Directors. The subject was postponed however, a part of 
the Board having doubts of the propriety of locating a new branch 
while specie paymeilfe were suspended, and another part not being sat- 
isfied as to the point of location. 

At the last meeting, the subject again came up, when it appeared 
that of the three points presenting claims to the location, about an 
equal number of the Directors were in favor of each. After much dis- 
cussion, a committee of five directors, none of whom had ever visited 
the northern part of the state, were appointed to "make further ex- 
amination of the 12lh district and report at the August session of the 
Board a definite point for the location of the branch." Should that be 
done, the branch may be organized and ready for business next No- 
vember. 

The consent of the branches has never yet been given to the amend- 
ment of the charter, providing for a 13th branch. 

There is no unwillingness on the part of the present branches, to 
consent to the establishment of a branch on (he Wabash between La- 
fayette and Fort Wayne, and two more branches in the northern part 
of the state, whenever their organization shall be required by (he bu- 
siness of the country and they shall be authorized by law. 

In reference to another resolution of the Senate, requestiog the 
President and Directors of the Slate Bank to -'inform the Senate at 
what time the Bank will resume specie payments, also what kind of 
funds are received at the branches in payment of debts due the bank 
or branches," the undersigned respectfully submits, that the kind of 
funds received by the bank and branches in payment of debts is a mat- 
ter left to the discretion of each, but that in this, all of them endeavor 
to accommodate the public, by taking all funds that are current in the 
vicinity. 

All the Bank paper of Kentucky, of the south part of Ohio, of Vir- 
ginia, and that of most of the Eastern States, is in general taken with- 
out objection, though in this they mast be governed by the opportu- 
nities presented to them, for paying out what they receive. 

In relatiom to the resumption of specie payments, and the views of 
the State Board on that subject, the undersigned submits for the con- 
sideration of the Senate, a report and resolution made by a committee 
during their late session and concurred in unanimously by the Board. 

The committee, to whom was referred the subject of a "resumption 
of specie payments" beg leave to report, that they have had the subject 
under consideration, and now submit the result of their deliberations. 
It will be remembered that specie payments were suspended on the 
18th of May, 1837. The circumstances which led to that suspension 
are well understood. The community at large seems to have acquiesced 
in the measure, as one of necessity, and an argument to prove its pro- 



175 

priety, so far as we are concerned, is deenned at this time unnecessary. 
The question is not no?«, in relation to the policy of the measure /Aen; — 
the event has happened, and ihe only question is, how long the suspen- 
sion is to be continued by the State Bank of Indiana? In order to ar- 
rive at a proper conclusion upon the subject, it will be necessary to re- 
view the action of the Board heretofore upon the same. At the Au- 
gust session 1837, and being the first session of the Board after the 
suspension, the following resolution was unanimously adopted: 

Resolved, That the Cashier of the Bank be authorized to call the at- 
tention of the Western Banks to the propriety of holding a convention 
for the purpose of preparing to resume specie payments at as early a 
period as practicable, and that in case said convention shall be held, 
the President or Cashier be appointed the delegate on the part of this 
Bank. That in pursuance of this resolution, the Cashier of the State 
Bank addressed letters to (he principal Western banks, and their an- 
swers show that the anxious desire of all is in accordance with that of 
this bank, to resume specie payments at as early a period as is practi- 
cable and expedient, but the New York Convention being soon after 
proposed, no further action was had in relation to a western conven- 
tion. 

The whole course of the bank, from the suspension of specie pay- 
ments in May, to this period, shows beyond all contradiction, that the 
Bank has, with a proper regard to the situation of its debtors and the 
public interest, made every exertion to resume specie payments, at as 
early a period as could with safety be made. Our circulation from 
the 18th of May, the day when we suspended specie payments, to the 
31st October last, has decreased ^388,823; our discounts for the same 
period, have been decreased ^841,678; our debt to the government 
^718,870 12; our debt due to other banks $85,873 68; our indivi- 
dual deposites ^114,991 87; while our specie has decreased in the 
same period, but $72,477 99. Thus showing that while In the same 
period, our immediate liabilities have been settled to the amount of 
$1,308,558 67; our specie funds remain the same as they were on the 
l8th May last with the exception of the small decrease above stated 
and which arises in part by payment of the Governmenment debt, and 
in part for accommodations in change for the public. The whole ac- 
tion of the Bank has been, as far as possible, to be prepared at all times, 
for the resumption of specie payments, whenever the period should ar- 
rive which would make it politic and expedient so to do. The circu- 
lar letter of the President of the Board to the different branches, all 
the resolutions and orders of the Board itself show, that the earnest 
wish of those who regulate the concerns of the State Bank, has been to 
promote at as early a period as possible, the desirable object of once 
more placing the circulation of the Bank upon a specie basis. 

The committee are gratified in finding that the branches in this mat- 
ter, "have come up manfully to the work." Every one, who is at all 
acquainted with banking operations, knows, that the safest of all fiscal 
dealings by a bank, is where the circulation does not exceed twice the 
amount of specie in its vaults. The former is with us continually de; 



176 

creasing — while but little of the latter is going out. At the date of 
our last return, our circulation was $2,205,812; our specie $1,048,714 
72, making our circulation only ^157,097 28, more than twice the 
amount of specie in our vaults — a comparison with any other institu- 
tion will show our superior ability to redeem our paper in specie when- 
ever a resumption shall be deemed advisable. 

Having thus shown the action of the Board in relation to the re- 
sumption of specie payments, it will be expected, that the committee 
should ofler some views in relation to the probable time for the accom- 
plishment of this highly desirable object — an event as much desired 
by this Board as it possibly can be by the community at large — by 
our bill holders, and by all who wish to see our issues based upon, and 
redeemable at all times in gold and silver. Every one who knows 
any thing of the causes which led to the suspension of specie payments 
on the part of this, as well as the western banks generally, must be 
well aware that the suspension was involuntary on their parts. The 
difficulties in our monetary affairs first commenced on the seaboard, in 
the banks east of the mountains, New York may be considered the 
focus of all the banking — if not of all the business operations of the coun- 
try. The stoppage of specie payments by a single institution there, 
vibrates throughout the whole country. The suspension of all creates 
dismay — if it does not bring ruin upon similar institutions throughout 
the Union. They regulate the domestic as well as the foreign ex- 
change of the United States, and whether connected with them direct- 
ly or not, every bank in the Union must feel the full force of their 
operations, either for good or evil. Situated as we are, with the rate 
of exchange and the balance of trade so evidently against us; with 
the premium existing upon specie, above its par value for exportation 
— it would be the height of folly, as the committee believe, for the 
bank to resume specie payments, until some action is had upon the 
subject by the banks east of the mountains. Is not our present para- 
lysis, better than entire dissolution? What would be the effect of a 
resumption of specie payments by the State bank of Indiana, without 
a mutual co-operation of solvent institutions beyond the mountains? — 
The answer is easy. Every dollar of our circulation, whether issued 
by discount or otherwise, would return directly to our counters, with 
a demand for specie. Without a general resumption — it would be 
then as it is now, a matter of merchandize, daily exposed on the stalls 
of the exchange in our large cities. With the present premium it 
would bear, as it would certainly receive, a carriage across the moun- 
tains. Our vaults would be drained, our customers distressed, our 
paper dishonored, our bill holders the sufferers, our citizens oppressed 
to gratify the avarice of brokers and speculators, the price of all pro- 
perty reduced to one-fourth its real value, and when the time came, 
as come it will shortly^ for the resumption of specie payments here, we 
should be found without a dollar in our vaults — our paper irredeema- 
ble — the State bankrupt, and individuals ruined. With this view of 
the subject, the committee believe the true policy is '-to watch the 
signs of the times," and be prepared at any moment to resume specie 



17T 

jpayments when events elsewhere shall demonstrate its policy and expo- 
diency here. The day is not far distant, when, your committee be- 
lieve, a resumption may take place wilhout injury to the bank, to the 
State or to the public — and that ere long, every dollar of the notes of 
the Stale bank of Indiana, may be redeemed in gold and silver. The 
banks in New York have sent a circular to I his bank, requesting us 
to send a delegate to meet them in convention in that city on the 27tfa 
instant. This bank has accepted the invitation in the same spirit of 
courtesy and good faith, in which it appears to have been made. Our 
delegate is there, and has been instructed earnestly "to urge the re- 
sumption of specie payments at the earliest day practicable." As soon 
as the time is fixed, the State Bank of Indiana, will not be found lag- 
gard in the performance of a duty, which she will then owe to herself, 
to the State, and to the community at large, who under all circum- 
stances have so generously stood by and sustained her. 

The committee submit the following resolution: 

Resolved^ That the President of this Board be authorized and di- 
rected, and he is hereby authorized and directed to adopt any mea- 
sure in his power to induce a resumption of specie payments general- 
ly, and so to direct the operations of the branches that they shall 
be prepared to resume specie payments at the first moment practi- 
cable. 

It is not in the power of the undersigned, to add much to the fore- 
going report, which expresses in general the views of the whole board. 
The convention has been held, but not being fully satisfied with the 
statistical information before them, that they could fix an early and pre- 
cise time at which specie payments could be resumed with most ad- 
vantage to the country, they adjourned until the 2d Wednesday of 
April, recommending the banks generally to prepare by all means in 
their power for an early and continued resumption. 

That this bank and the western banks generally, can and will re- 
sume specie payments, at an early period, there is in the opinion of the 
undersigned, no reasonable ground to doubt. 

Respectfully submitted, 

S. MERRILL, President, 

The President laid before the Senate a report from the Secretary 
of State, which was referred to the committee on State Prisons. 

On motion of Mr. Brady, 

Resolved, That the Michigan road commissioner be respectfully re- 
quested to lay before the Senate a detailed statement of the total a- 
mount of his receipts and expenditures during the time of his super- 
intendence of said road, and likewise the amount of balance, if any, 
due the road, or on hand, together with what he has done with the 
commissioner of the General Land Office, to secure a perfect title to 
the lands donated by the government (o said road, as well aa all other 
matters connected with the duties of his office; also the quantity of 
tools, &c. belonging to said road with a view to a close and final set- 
tlement thereof. 

23 



178 

Mr. Sigler moved the following resolution: 

Resolved^ That the standing committee on the Stale Bank, be in- 
structed to inquire into the expediency of so modifying ihe act estab- 
lishing a State B^nk and Brandies so as a majority of the directors 
of the Stale Bank, or of the General Assembly may at any time es- 
tablish an additional number of Branches, should they deenn it expe- 
dient. 

Laid on the table by consent. 

On motion of Mr. Dobson, 

Resolved, That the committee on education be instructed to inquire 
what amendment, if any, be necessary to an act entitled an act to in- 
eorporate Congressional townships and providing for public schools 
IhereiJi, approved February 6lh, 1837. 

On motion of Mr. Tuley, 

Resolved, That the commtttee on education be requested to inquire 
into the expediency of repealingso muchofthe 11th section ofthe 14th 
chapter of the'act entitled "an act incorporating Congressional town- 
ships and providing for public schools therein ; approved 6th February^ 
1837; as relates to persons sending to school in an adjoining district, or 
township and authorizing said inhabitants to draw school funds of the 
township in which they reside, and that said committee be further re- 
quested to inquire into the expediency of so amending the 23d section- 
of said chapter as to make it the duty of all persons, heads of fami- 
lies, living in organized school townships or districts to perform labofy 
furnish materials and pay any taxes which may be required of them> 
by the order of a district meeting for the support of schools^ 

On motion of Mr. Bowen, 

Resolved, That so much of the "act for the opening and repairing 
roads and highways," approved Feb. lOth, 1831 ; and all subsequent 
acts in relation to the duties of supervisors of roads, be referred to the 
committee on roads, and they be requested to revise and correct the 
«ame, so that the law may be rendered more intelligible than it is at 
present, and if in the judgment of snid committee the law requires re- 
vision and amendment, that the committee be requested to report a 
bill with a provision that a sufficient number of copies in pamphlet 
form be printed for the use of supervisors throughout the State. - 
On motion of Mr. Cole, 

Resolved, That the committee on roads be instructed to inquire into* 
the expediency of amending the law on roads relative to the appoint- 
ment or selection of supervsiors; where the supervisor of any dis- 
trict does not accept of his appointment as supervisor, shall, within 
ten days, after receiving his appointment, give notice to the clerk. of 
the circuit court of his county, of his non-acceptance, and in case any 
person neglects to comply with the above requisitions, shall be subject 
to indictment and fine of ten dollars. 
On motion of Mr. Trask, 

Resolved, That the committee on education be instructed to inquire 
into the expediency of so altering the law regulating schools and buif- 
diog of school houses in the several school districts as to compel those 
\yho are subject to pay taxes, to raise money upon the ad valorem sys- 



179 

tern of taxation, in case there should not be sufficient funds received 
from other sources. Provided, however, that two thirds of the quali- 
fied voters shall concur therein. 

On motion of Mr. BairdofSt. Joseph, 

Resolved, That the committee on the judiciary be instructed to \n^ 
quire into the expediency of reporting a bill requiring mortgages up- 
on personal property, to be recorded in the proper recorder's office of 
the county in which said mortgage may be given; with leave to report 
by bill or otherwise. 

On motion of Mr. Dunning, 

Resolved, That the Secratary to the Senate be instructed to make 
out an index to the Journal of the present session of the Senate, and 
furnish the same as soon as convenient to the public printer, for which 
he shall be allowed the sum of seventy-five dollars. 
On motion of Mr. Mitchell, 

Resolved, That the committee on education be instructed to inquire 
into the expediency of so amending the 12lh section of an act appro- 
ved Feb. 6th, 1837, as to require the school commissioner to loan out 
monthly, any interest which he may have in his hands between the 
months of March and September, and September and March at which 
times he has to make his reports. 

On motion of Mr. Thompson of P., 

Resolved^ That the committee on education be instructed to inquire 
into the expediency of revising so much of an act approved Feb. 8th, 
1836, entitled an act to provide for an equitable mode of levying the 
taxes of this state as appropriated 124 cents of the poll tax and 5 per 
cent, of the gross amount of the state revenue to common school pwr- 
poses. 

Mr. Mount offered the following resolution: 

Reoslved, That the judiciary committee be instructed to inquire in- 
to the expediency of so amending an act, approved Feb. 2d, 1833, 
amending an act approved Feb. 1st, 1831, regulating the interest on 
money in the following particulars, to-vvit: 

That any person or persons who enter into any agreement to pay a 
greater rate of interest than is permitted by the act above referred to 
may if suit be brought for the recovery of any claim in pursuaocfi of 
such agreement be permitted to plead as a set-oflTany excess over aocl 
above the lawfil interest; and any court having jurisdiction shall pro- 
ceed to render judgment in favor of the plaintiff for such sum as may 
appear to be due after deducting such excess, and to repeal the 3d 
section of the before-mentioned act. 

Mr. Sigler moved to amend by adding: and further to i oqu ire ittt4) 
the expediency of so amending the law assessing a fine upon those 
charged with receiving usurious interest, so as to assess the fine with- 
out reference to any definite sum. Not adopted. 

Question on resolution; shall resolution be adopted? decided in the 
negative. 

On motion of Mr. Morgan of R., 



180 

Resolved, That when the Senate next adjourns it will adjourn to 
meet on Monday morning at the usual hour. 
On motion of Mr. Beard of M., 

Resolved, That the committee on the judiciary be instructed to in- 
quire if any, and what amendmsnts are necessary, to the law relative 
to domestic attachments, or for the collection of debts from absconding 
debtors, with leave to report by bill or otherwise. 
On motion of Mr. Kennedy, 

Resolved, That the judiciary committee be instructed to inquire into 
the expediency of so amending the law, as to authorize married females 
under the age of 21 years to join with their husbands in the convey- 
ance of real estate. 

On motion of Mr. Watts of D., 

Resolved, That the standing committee on roads be requested to in- 
quire into the expediency of so amending the several road laws as to 
specify the time in each year for the work to be done, and also the 
propriety of printing a sufficient number of copies to furnish one to 
each supervisor. 

Mr. Dobson ofTered the following resolution: 

Resolved, That the judiciary committee be instructed to report to 
the Senate whether or not in their opinion tne State Bank has forfeited 
its Charter by suspending specie payments. 

Mr. Puett proposed to amend by adding, "or by any other act con- 
nected with Bank transactions;" which was accepted. 

Mr. Finch moved to amend by adding "and also inquire whether it 
was necessary for the good of the country, or the safety of the Bank, 
that the Bank should have suspended specie payments. 

Mr. Kennedy moved to amend the amendment by adding, "and if 
said committee be of opinion that their charter is forfeited, in conse- 
quence of said suspension, that they inquire into the expediency of 
tendering to the Bank a new charter." 

On motion, the resolution and amendments were laid on the table. 

The President laid before the Senate a report from the State Board 
of Public Works. 

Mr. Dunning moved to lay it on the table, and that 1000 copies be 
printed. 

Office of State Board Internal Improvement,) 
Indianapolis, Dec. 15,1837. $ 

HoK. David Hillis, 

President of the Senate: 

SIR — Herewith is transmitted the second annual Report of the 
State Board of Internal Improvement to the General Assembly. 
Very respectfullv, 

D: H. maxwell. Preset. 

of the Board 



181 



To the General Assembly of Indiana : 

Since the anuual repoi t of this Board, made to the General Assem- 
bly in December last, but few original orders have been made to put 
any additional portions of the public works under contract. The high 
price of labor, and the unpromising appearance of the reduction of it 
for the currentyear, admonished the Board to abstain from any exten- 
sion as much as possible, and they yielded to this caution, under a be- 
lief that the system and the public interest, would sustain no injury 
from the temporary delay. If by the ensuing spring, proper efforts 
shall be made to introduce labor into the State, and prices should set- 
tle down upon a salutary basis, the public works can then be greatly 
extended, and their prosecution pushed with alacrity and expedition. 
At the late and present prices for labor, the domestic supply might be 
deemed sufficient for that object even now, but besides the objection, 
that they are ex)rbi(ant, and far above what other States have given 
for similar services, there is another which in the opinion of the Board 
is entitled teas much weight, predicated upon the present condition 
and prospective resources of the State. It will be admitted that there 
is no surplus labor in the State, but that her policy demands an increase 
of it for agricultural purposes, as a vast extent of her fertile territory 
remains unoccupied, the improvem.ent and cultivation of which would 
greatly increase the general prosperity, and multiply in the same pro- 
portion her own resources. 

By affording an undue stimulus to labor on the public works, we 
throw out an allurement to our citizens, who are in one way or another 
identified with the agricultural interest, to abandon it; the hope of 
greater gain successfully invites them from the pursuit to which they 
have been raised, and for which they are well qualitied by habits and 
experience, to adopt one for which they are comparatively unqualifi- 
ed. Individually they are not permanently benefitted by the exchange, 
and to the State, in herprosperity, wealth, and financial means, it works 
a vital injury. 

The great benefit accruing to the farmer, from a system of Internal 
Improvements, is in the enhanced value of his land, and in good pri- 
ces and a steady market; and whilst extending his improvements and 
adding to his possessions, he should not be led astray by anticipations 
of high wages, or splendid contracts in the public survice, but the ef- 
fort should at least be made, to keep labor there as nearly as possible 
down to the wonted level in other employments. Should this be con- 
summated, the complaints of the last season in some parts of the State, 
■will not be repeated, that the ordinary farming operations of the coun- 
try, could not be kept up, in consequence of the competition for labor 
on the public works. These are some of the consideraticms which had 
a controlling influence upon the Board, and they were carried out to a 
considerable extent, by their declining to put a large proportion of the 
work under contract, authorized by the original orders of the Board 



182 

at their first meeting. By making these remarks the Board must not 
be suspected of being in favor of a policy which has not heretofore 
characterized their proceedings; the idea is emphatically repudiated. 
On (he contrary, it is their determination, unless prevented by the ac- 
tion of the General Assembly to extend operations as fast as a force 
properly applicable to them can be acquired, which can be ascertain- 
ed and regulated by a judicious limit in the estimates of the Engineers 
to be hereafter made, preparatory to the lettings. The Board have 
undiminished confidence in the report made by them at the last ses- 
sion of the General Assembly, upon the resources, and ability of the 
State to meet the engagements of the system; and although since 
that time the elements in the calculation have somewhat varied, the 
falling offin any one instance is more than counterbalanced by a gain 
in some other. They do, now as then, look to the prosecution of the 
works where commenced, and a further extension of them along the 
respective lines. The system sprang from the reciprocal confidence, 
harmonious understanding and co-operation of the difTerent sections 
of the state; all have started in the practical consummation of the 
splendid enterprize; the march of all should be onward, and be the 
event what it may, the struggle should be one and undivided in a com- 
mon cause. 

The Board have the satisfaction to inform the General Assembly, 
that the progress of the works under contract, has been active and ef- 
ficient, and equals the expectation entertained in relation to them at 
the commencement of the season. The division of the Wabash and 
Erie Canal, which lies between Fort Wayne and the Ohio line, is un- 
der construction, and the work will be kept up with unremitting exer- 
tion, with a view to its speedy completion, by which time it is expect- 
ed that the part of the said canal, within the boundary of Ohio will al- 
so be completed; the whole of which from (he State line to Maumee 
Bay, is now under contract. The Board are constrained to say, that 
they cannot speak in terms of commendation of the course pursued by 
the public authorities of the State of Ohio, in all respects, relative to 
this portion of the Wabash and Erie Canal. Owing to the extensive 
commerce which will be carried on between Fort Wayne and the point 
at which the canal will disembogue into the Maumee, this portion of it 
being the recipient of trade for the Wabash and Erie canal, the Central 
canal, the Erie and Michigan canal, and the Miami or Dayton ca- 
nal, this Board ordered the division from Fort Wayne to the Ohio 
line, to be constructed sixty feet wide and six feet deep, not doubting 
that Ohio would unite in a similar construction from the line to 
Toledo. This has not been done except from the point of junc- 
tion of the Dayton with the Wabash and Erie canal, which is about 
sixteen miles from the State line, leaving the intermediate portion to 
be constructed the ordinary width only. It will be perceived that by 
this arrangement of Ohio, she will fully accommodate the navigation 
upon the Dayton canal, whilst a similar benefit is invidiously denied to 
Indiana, a hardship much magnified by the consideration, that the ca- 
nal lands transferred by Indiana to Ohio, she was not compelled to dis- 



183 

pose of until recently, when they commanded high prices, whilst the 
former, to comply with the compact on her part, has had to sell conti- 
nuously from an early day, however unpropitious the market. It is 
aniici[)ated, that when tliis subject is brouglu to the notice of the Le- 
gislature of Ohio, by the G(;nnal Assemt)ly of this Slate, she vvill not 
hesitate to satisfy our just cxpeclai ions. From Fori Wayne to Logans- 
port the canal may be considered as completed, and in the spring will 
be navigable the entire route; and from ihe latter place lo Lafayette 
it will doubtless be in all respects finished contemporaneously with the 
division East of Fori Wayne. Whilst on this branch of the S}Stem, 
the Board will remark, thai they re y re I to learn, that some intimations 
have been publicly given, by ill-advised individuals, that the Wabash 
and Erie canal will be stopped al Lafayette. They conceive it due to 
themselves, and more especially to ihe country Soalh and Norlh of that 
point, to disclaim having in the remotest degree, given encouragement 
to such an opinion. So far from it, that they are well satisfied that 
the object in view at the time, when the construction of that canal was 
originally determined on, can never be effected except by the entire 
extension of it as now established and expressly directed by law, Itf 
connection with this great work, has arisen an important question of in- 
tense interest to this State, the settlement of which in accordance with 
the views of the Board, and of which ihey can have but little doubt, 
will add a vivifying influence to the general system, and may lead to 
such an extension of it, as will afford that more general accommoda- 
tion, so much desired. The act of Congress appropriating lands for 
the use of the State, to aid her in the construction of the W^abash and 
Erie canal, is predicated upon the understanding, so expressed, that the 
canal shall extend from the navigable waters of the Maumee of the 
Lake, to those of the Wabash. The object of bolh parties was, as it 
appears to have been, to effect a good, permanent navigation from Lake 
Erie through the Maumee and Wabash rivers to the Mississippi, to b& 
enjoyed b}' the General Government free of toll or other charge, in 
consideration of the grant made by her. In the first place, the moutB 
of Tippecanoe river was supposed to be the proper terminating point 
npon the Wabash, but subsequently it was deemed expedient, indeed" 
necessary to the consummation of the objpct of the parties, to contin- 
ue the Wabash and Erie canal to Terre-Haute, at which point it now 
terminates and disembogues into ihe river. On that part of the canat 
within the borders of Ohio, the terminating point on the Maumee Was- 
at first established at the Rapid?., the Engineer reporting at the same 
time, that it was unnecessary under the provisions of the act of Con-- 
gress, or to protect the public interest, to extend it further down said- 
river. But subsequently, and after a lapse of eight years, under the' 
authority of the Board of public works of that state, the canal was ex- 
tended from that point to the Maumee Bay, a distance of fifteen mile?;^ 
and an extension of the grant claimed for the Stale in proportion to the 
extension of the canal, in virtue of the same act of Congress. The 
claim was submitted to the Commissioner of the General Land Office 
at Washington, examined, duly considered and allowed by him. In> 



184 

behalf of the Sfate of Indiana, this Board has preferred her claina fof 
a quantity of land in proportion to her extension of the sanne canal up- 
on the Wabash, and as the cases are so striliingly analogous, they can- 
hot permit themselves lo believe that the Commissioner of the General 
Land Office will reject it. To do so would be a species of favoritism 
subversive of principle, an unprecedented departure from good faith, 
and the existing hesitency on the part of the Commissioner of the Ge- 
neral Land Office can only be accounted for by the importance and com- 
parative magnitude of the claim. A copy of the letter of this Board to 
the Commissioner, explanatory of their views upon the subject, is here- 
to annexed marked A. 

On the Erie and Michigan Canal, the Board in December last, or- 
dered a portion of the work to be put under contract ; but at their sit- 
ting in September following, countermanded that order, in considera- 
tion of the necessity of increased vigorous operations on the Wabash 
and Erie canal. The Board regret that the expectations raised by 
them in that section of the country, have not been realized, but trust 
that it will be seen that they were constrained by an imperious duty to 
postpone the work. Tiie faith of the State being absolutely pledged 
for the construction of that canal, the Board then thought that no in- 
jury coiild accrue to that important interest by a short delay of opera- 
tions, until the force engaged on the contiguous work, could in part be 
spared and transferred to it; but they now consider it probable, that 
the order will be revived, at an earlier day, than was then anticipated. 
On the Cross-Cut canal, twenty six sections have been under con- 
struction, including the feeder dam on Eel river, and one Lock. On 
(he southern division of the Central canal, thirty-nine sections have 
been under construction, including the feeder dam on Big Pigeon and 
two locks. On the Indianapolis division, fifty sections have been un- 
der construction, including the feeder dam on White river above In- 
dianapolis, and eleven locks. On the White Water canal, sixty-one 
sections have been under construction, three feeder dams and 1 8 locks, 
and upon these divisions generally a large proportion of the work has 
been done, the particulars of which will be seen by referring (o (he 
documents hereto annexed. The Board authorised in all 180 miles 
of canal to be put under contract, but 128 miles only have been lei, 
owing to the cause heretofore mentioned; and the sections retained 
beiiig in some instances the light work on (heir respective divisions. 
On (he roads also, with one exception, considerable progress has been 
made. On the Madison and Lafayette rail road, of the twenty-three 
miles put under contract, extending from Madison to the Greensbargh 
road near Vernon, fifteen have been finished, and are in a state of pre- 
paration to receive the superstructure; and by the first of September 
next the balance will be in the same forwardness. The Acting Com- 
missioner on this line, has made an arrangement with a mercantile 
house in New York, for the importation of rail road iron, for the use of 
the state, as it ma}' be wanted; and by May next, he expects to re- 
ceive the supply that will be needed by him the ensuing season. It is 
doubtless known to the Legislature, (hat (he domestic article is sel- 



185 

dom, if ever, used for this purpose, as llie cost of the material simply, 
would exceed that of iron imported, which comes free of duty, manu- 
factured in proper shape, and prepared for immediate use. The cost 
per ton when delivered at Madison will probably not exceed eighty 
dollars. On the New Albany and Vincennes McAdamized road, the 
grading, culverts and bridges are nearly completed, from New Albany 
to Paoli, a distance of 41 miles; and early in the next season the ap- 
plication of metal will be commenced. On the Jeffersonville and 
Crawsordsville road, the work has been put under contract from Jef- 
fersonville to New Albany, and the grubbing of about 4 miles which 
is alike appHcable to a rail or McAdamized road in the interior, be- 
tween the Cumberland road ind GreencasUe. This road has been the 
source of some trouble to the Board, but in accepting the trust ten- 
dered to them, they did not expect to be exempt from it. The path of 
official duty is ever beset with difficullies, and he who trayels it must 
meet them; but if he moves on wilh honest purpose and as circum- 
stances will permit, fears would be gratuitous, if not despicable. Ira- 
pressed with this truth, and disclaiming the intention to cast censure 
any where, although the principle of self-defence might seem to justi- 
fy it, the Board approach the subject of this road with confidence, and 
respectfully submit tlie following statement of their progressive action 
upon it. The act of the General Assembly declares, that the road 
sl^all be a rail road, if practicable, and if not, that it shall be construc- 
ted upon the M'Adam principle; a qualification no doubt originating 
in the fact, that upon the first attempt to examine and survey the route 
by an engineer in the service of the State, before the organization of 
this Board, a rail road was pronounced "impracticable." At the first 
meeting of the Board, in March 1836, the Acting Commissioner to 
whom that line was confided, was instructed to have the preliminary 
exannination and survey made, as scon as a competent Engineer could 
be had ; and at the same time, to expedite that and other branches of 
the service, the Board appointed a committee to visit those states in 
which Internal Improvements had been extensively carried on to pro- 
cure a supply of Engineers, and more especially, a proper person to fill 
the office of Principal Engineer on roads. At the meetingof the Board 
in May afterwards, the Board still found themselves without a princi- 
pal Engineer on roads, or a supply of engineers of other grades, but ar- 
rangements for them were under progress, and the Board were satisfi- 
ed that every moans had been diligently availed of to secure them, 
but if possible to give further efficacy to their views, in relation to the 
Principal Engineer on roads, the importance of such an officer, and 
the want of him at that time being most sensibly felt, full latitude was 
given to the President of the Board, to make the appointment himself 
in vacation, leaving the selection and salary both discretionary with 
him. At the meeting of the Board in October following, the president 
had succeeded in obtaining a principal Engineer, one who had been 
recommended to him for the situation, by gentlemen of the highest 
rank and tneiit in their profession as Engineers, and the Board weic 
unanimous in their congratulaliun;, upon what thoy deemed the fortu- 
24 



186 

Bale issue of their persevering efforts. At the same meeting, the 
Acting Commissioner on the Jeffersonville and Crawfordsville road, 
presented a report from his resident Engineer, of an examination of 
the route as far as the West Fork of White river, and a reconnoisance 
on a further part of it, in which he expressed his opinion in favor of 
the practicability of a rail road, on said route. The Board however, 
after mature reflection, the subject having been repeatedly discussed, 
came to the conclusion not to settle the character of the road upon this 
unfinished survey alone. The Engineer alluded to, however qualified 
in other respects, had not sufficient experience in his profession to war- 
rant the Board in coming to a final decision, upon the exposition fur- 
Dished by him, and besides the Board had then a principal engineer on 
roads, whose especial province it was, to decide upon matters of such 
magnitude. The report was accordingly submitted to him, but he de- 
clined to give any intimation to the Board in favor of its adoption, 
and this at a time when he could not be suspected of being under pre- 
judice or other sinister influence. The principal Engineer was then 
directed to make his examination of the route as soon as practicable, 
and submit a report to the Board, and in the mean time the Acting 
Commissioner was instructed, to put a part of the work under contract, 
so that it might answer for either a McAdamized or rail road, as the 
Board should finally determine. In June following, the principal En- 
gineer on roads made his report, couched in strong terms against the 
practicability of a rail road ; his examination covering only a part of the 
route, but enough to satisfy him; if not being necessary in all cases to 
examine an entire route, for evidence of impracticability. The word 
"practicable" in the law has not of course received a strict construc- 
tion from the Board, but they deem the qualification in the law, as giv- 
ing the discretionary power to decide upon the comparative expedien- 
cy of a rail road, for had the intention of the General Assembly been 
otherwise, no such qualification would have been inserted, as it is strict- 
ly practicable to make a railroad anywhere. This report however, 
was not followed by any distinct expression of the Board, settling the 
character of the road, none such being moved for by any member; 
but on the day succeeding the presentation of the report, on the mo- 
tion of the Acting Commissioner on that line, he was unanimously au- 
thorized, to put certain portions of it under contract, to be constructed 
at an elevatioa indicating a McAdamized road, although not nominal- 
ly expressed. But had he submitted a resolution, declaring in the 
plainest terms that the road should be a McAdamized one, the Board 
■would not have hesitated to adopt it, believing, as they then did, that 
the report of the principal Engineer was entitled to their confidence. 
The members of the Board are not Engineers, nor are they selected 
for their qualifications as such; and although in the discharge of their 
duties, much maybe acquired by them in that line, yet to a great ex- 
tent, they will always have to depend upon the statements of the En- 
gineers employed by them. Some of those necessarily engaged in the 
service of the state are wanting in experience, although it is believed 
that in the end, the state will feel a pride in having patronized them; 



187 

and it was partially to avoid the evil?, which might grow out of this 
circumetancc, that it was deemed necessary to procure a principal for 
each department of the service, who had established a high reputa- 
tion in his profession. To snch an oflicer great respect is due, and his 
official statements should not be set aside, but upon evidence, clear and 
indubitable. To hold a different opinion, would be to disregard sys- 
tem and responsibility in the service, and to trample under foot that 
rank which the Board, had themselves, created, as the proper distinc- 
tion of superior attainments. 

The action of the Board upon the report as here stated, seemed to 
produce much dissatisfaction; for in a (ew weeks afterwards, they 
were convened by the President, to take this subject again under con- 
sideration; and a delegation composed of some of the most respecta- 
ble citizens of the State, appeared before them to represent the wishes 
of the people locally interested. That portion of the statement made 
by them to the board, which more especially claimed their attention, 
was the charge of inconsistency in the reports made by the principal 
engineer on roads, in relation to certain principles assumed by him at 
different times, and that in his report upon the Jeffersonvilleand Craw- 
fordsville road, he had greatly exaggerated the cost. The officer 
whose conduct was thus assailed, being no longer in the service of the 
State, or present, the Board were precluded from his explanations, 
which might possibly have reconciled these alleged incongruities. — 
Under these circumstances, to have absolutely adhered to his report, 
in defiance of the complaint made, v/ould have been an indecency to- 
wards public sentiment, and on the other hand, to have retrograded to 
the original report, aod upon that basis decided upon the character of 
the road, was entirely inadmissible. It would have placed the Board 
in a ridiculous attitude, and justly exposed them to heavy censure. 
To have yielded to the wishes of the delegates would certainly have 
been gratifying to them, but it was evident that the Board and the del- 
egates occupied different grounds, productive of different opinions. 
The delegates were bound to represent that portion of the people, who 
had urged and sent them upon that mission. They could not virtual- 
ly act in that capacity, without doing so; but the members of the board 
were the agents ofthe General Assembly, to carry into execution their 
law, with an eye single to the interest ofthe whole people ofthe State. 
With a full view of the emergency, and to put the Board in possession 
of the best lights for a final decision upon the conflicting reports and 
statements made, they appointed Mr. Williams, then Principal Engi- 
neer on Canals, the Principal Engineer ofthe State, to have in charge 
for the present, all the public works, and directed him to invite from 
some neighboring State, two engineers distinguished for their ability 
and experience, to unite with him in a personal examination of the 
said route, and make their joint report to the Board at as early a day 
as pr-icticable; — a mode of settling such difficulties sanctioned by the 
usage of other States. Mr. Williams has succeeded in obtaining for 
this service, Mr. Welsh, the Principal Engineer of Kentucky, and Mr. 
Ferrer of Ohio, than whom a better selection could not be made, all 
of whom are now engaged on the route, and when their report is sub- 



188 

mitted to the board, which will be, by the 25lh of this month, no tinfie 
will be lost in deciding upon this question, and as far as the Board is con- 
cerned, putting it to rest forever. The Board indulge the hope, that 
the General Assembly will perceive, that there has been no unnecessa- 
ry delay on their part, in bringing this matter to a close, upon proper 
premises; but that from first to last, it has received from the Board 
the attention due to its importance. It is very possible they may have 
erred and come shortof tfieir duty, but upon a review of the various 
steps taken by them in relation io it, they can perceive nothing to re- 
proach themselves with. 

On the roads inclusive, the board have ordered 84 miles to be put un- 
der contract, but 68 only have been let. 

Another work which it is their duty to introduce to the notice of the 
General Assembly at this time, is at the Grand Rapids of the Wabash, 
for the improvement of the navigation of the river. By the act of the 
General Assembly, the board were required to attend to the execution 
of a proposed compact between this State and that of Illinois, upon 
the subject of the improvement of the navigation of that river, from 
Vincennes to its mouth ; and this object was consummated in April, by 
Mr. Blake the Acting Commissioner appointed by this board, and Gen. 
M. K. Alexander, the Commissioner appointed by the Board of Pub- 
lic Works of Illinois. Immediately consequent upon which, they put 
measures in a train for the commencement and contiiiuous progress of 
operations; and after a thorough examination by th.emselves personal- 
ly, and a corps of engineers organized for the purpose determined for 
the present to concentrate their efforts at that point of the river well 
known as the Grand Rapids. The obstructions at this point commence 
and continue from Little Rock to the foot of the rapids, just above the 
mouth of White river; making a distance of lO miles, and a fall of 10 
feet, and have ever been considered, as they have certainly proved to 
be, the most formidable of any in the river. The plan adopted to over- 
come them is to erect a dam at the foot of the rapids ten and a half feet 
high, with a Lock on the Indiana side, for the construction of which 
the rock formation in the bed of the river, and the natural shape of the 
contiguous country is admirably adapted. This improvement, in ad- 
dition to the certain and safe passage it will afford at that point in all 
seasons, for craft of all descriptions, engaged both in the ascending 
and descending navigation, will create a water power, which, at a time 
not remote, will indemnify the two Slates in the entire cost of the 
work. Being at the junction of two fine rivers, the vallies of which 
are not surpassed in fertility, and their adaptation to all grain produc- 
tions, and abounding in stone coal, and as it is believed, in iron ore, it 
presents an invitation to capital and enterprize for manufacturing pur- 
poses, which will not be overlooked. A copy of the report of the En- 
gineer employed by the two Commissioners, is herewith furnished, 
which will be found to contain ample information in relation to the 
plan of work, and the practicability and expediency of it. The cost 
of it, when finished, is estimated at ^1G7,000. And although the State 
of Illinois has appropriated r$ 100,000, the nrtoney can only be expend- 



189 

ed in equal sums, with the funds furnished by the Stale of Indiana; 
and as her appropriation at present is only ^50,000, of course a far- 
ther appropriation is necessary to cover her moity of the estimate. In 
doing this, which the board beg leave to recommend to the General 
Assembly, no new principle is introduced, as the cost of all the public 
works, after the most careful calculations which can be made, rests in 
some degree upon conjecture. In some cases the estimate will exceed 
and in others fall short of the actual cost. There is an unexpended 
balance of appropriation, which should it be the pleasure of the Gen- 
eral Assembly to transfer to this object, would save to a considerable 
extent, a draft upon other resources and the manner of so disposing 
of it, would seem peculiarly proper. In the year 1834, the General 
Assembly appropriated the sum of twelve thousand dollars to be 
expended with a like sum, to be furnished by the State of Illinois 
for the improvement of (he navigation of the Wabash, by 
Commissioners mutually appointed by the two Stales. The Agent on 
the part of this State, under said commission, has furnisned data by 
which it appears that the balance now^in his hands, and not subject to 
existing contracts or other engagements relative to the improvement 
of the river, is about 5,000 dollars. The commission on the part of 
Illinois has been rescinded, and the duties of it transferred to the board 
of public works. The service under this commission has been confi- 
ned to the river below the Rapids. In what manner the Wabash should 
be improved below that point, is an important and as yet unsettled 
question. The wide river bottoms and the nature of the obstructions 
in some places, seem to render inapplicable the slack water principle; 
and it may eventually be necessary to resort to one or more canals; 
but be this as it may, it appears to the board, that the view^s of the pub- 
lic authorities relative to this department of the services should, for 
the present, be concentrated at the Grand Rapids. 

Annexed hereto the General Assembly will find a tabular statement 
showing the divisions of work under contract, the cost, at contract pri- 
ces, and the amount actually expended on each during the present sea- 
son. The accounts of the members of the Board, which are now un- 
der examination, and a statement of the sales of the Wabash and Erie 
Canal Lands, with the data which usually accompany that document, 
will be furnished as soon as practicable. 

In obtaining release for the use of water power, the members of the 
Board have in many cases, been met by objections and murmurings and 
a positive refusal either to donate or sell to the State at a fair equiva- 
lent. As the use of water power is indispensible, and all appeals to 
liberality, and a sense of public duty have proved fruitless, the board 
desire to be understood as recommending with more than common ear- 
nestness, that a law be passed, to condemn the small lots of land neces- 
sary for the use of water power, in the same manner that property is 
now taken to the public use for other purposes. They are aware that 
it is a delicate matter to seize upon private property, and that it is gen- 
erally considered a harsh measure; but when a great object is to be 
carried out by it, promotive of the interests of the whole community. 



190 

and that particular interest cannot be preserved in any other manner, 
it will not be denied that it is both constitutional and proper to do so. 
The authority could be given in such manner as to protect fully the 
just claims of the citizen. It is farther respectfully suggested, wheth- 
er provision by law should not be made, for obtaining some small lots 
of ground for the necessary depots, incidental to rail road operations, 
the machinery and other property appurtenant to such a road, render- 
ing some arrangements of the kind indispensably necessary. 

Examinations and surveys have been made, to ascertain what minor 
changes, if any, required by economy and the public interest, should be 
made in the lines originally run, and to collect that minute information 
so necessary to enable the Board to proceed with confidence. On the 
Central canal, from Indianapolis south, portions of the adjacent coun- 
try on both sides of White river, have been carefully examined by a 
party of engineers; it being supposed that a better route than the 
present could be had on the west side of that river, and the examina- 
tion was extended on this line, as far as the head of Big Pigeon Sum- 
mit. 

An exploration and survey has been made, under the order of the 
General Assembly, from the feeder dam on the Cross-cut canal, along 
the west side of Eel river, diverging towards Black creek, to ascertain 
if a passage for said canal could not be effected in that direction; but 
it has been found that a range of intermediate hills presented an insu- 
perable obstacle. 

On the Erie and Micliigan canal, a corps of engineers has been en- 
gaged the greater part of the season, examining the country thorough- 
ly, testing its adaptation to the contemplated improvement, with a view 
to its definite location, and final connexion with the Illinois canal. The 
President and Principal Engineer of that canal, have recently made a 
survey for the route on the Illinois side, and found it entirely practica- 
ble to make that connexion. It will be recollected that the attention 
of the General Assembly has been heretofore invited by the Board to 
this interesting subject, and they now repeat their conviction of the im- 
portance of this connexion, which cannot fail to be productive of great 
commercial facilities, whilst it will add to the wealth and character of 
the State. They therefore regret, that the acting commissioner on 
that line was limited in his examinations, by an act of the General As- 
sembly, which required the counties of St. Joseph, Laporte, Porter, 
and Lake, to advance a sufficient sum to defray the expenses of the 
survey from the mouth of Salt creek, or some suitable point westward 
to the Illinois line, which was not made by them. This law conflicts 
with the public interest, and without presuming to discuss its general 
propriety, the Board beg leave to recommend the repeal of that fea- 
ture of it, and put that work upon a footing with the other public 
works. 

The Michigan road has also been examined under the requirements 
of an act of the last session; and the report of the officer fully specify- 
ing the character and cost of the improvement recommended will be 
shortly submitted. A thorough exploration has also been made from 



191 

the point where the Cumberland road crosses the White Water canal, 
thence north-west by Newcastle towards the Central canal, to ascertain 
the practicability of connecting these works by a cross-cut canal; and 
it may now be considered as settled, that the country does not afford 
the necessary facilities for that kind of improvement. This contem- 
plated connexion would have contributed greatly to the convenience 
and commercial advantages of the State — would have united all her 
canals; and the Board deeply regret that the hope originally entertain- 
ed of its accomplishment, cannot be realized. The report of the En- 
gineer and maps are on file in this office. 

The location of that part of the Madison and Lafayette Rail road 
which lies between Crawfordsville and Lafayette has been mnde, and 
the cost in detail estimated, and the report of the engineer engaged for 
that particular service, submitted to the Board. 

A survey and estimate have been made by Mr. Torbert, one of the 
engineers in the permanent service of the State, for a canal down the 
valley of the East Fork of White River, from Richmond to Brookville, 
and his report is herewith submitted. 

Without going farther into particulars, the Board request the atten- 
tion of the General Assembly, to the report of Mr. Williams, the Prin- 
cipal Engineer of the State, a copy of which is hereunto annexed and 
made a part of this report. It contains a detailed statement of the 
progress of onr public works, and the surveys and questions connected 
with them, and various views of his, shedding much light upon these 
subjects. The Board in relation to their own especial duties, would 
be wanting in justice and proper feeling, if they were not to acknowl- 
edge the important aid they have from time to time derived from this 
officer; and they deem it very important for the State, that in his ardent 
and patriotic desire to sustain her reputation in the progress of her 
public works she has am ample guaranty for his continued services. 
Respectfully submitted, 

D. H. MAXWELL, 
SAM'L LEWIS, 
J. B.JOHNSON, 
ELISHA LONG, 
JOHN WOODBURN, 
JOHN A. GRAHAM, 
JOHNG. CLENDENIN, 
D. YANDES, 
THOS. H. BLAKE. 
Icdianapolis, Dec. 15, 1837. 



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193 



Abslract of the argument^ in behalf of the right of the State to an eccten- 
sion of the Wabash and Erie Canal grant. 

1 he first section of the act of Congress of the 2d of March, 1827, 
grants to the State of Indiana, "a quantity of land, equal to one-half 
of five sections in width, on each side of said canal, and reserving each 
alternate section to the United States, to be selected by the commis- 
sioner of the land oflJice, under the direction of the President of the 
United States, yrom one end thereof to the other,'''' As the limits of the 
grant in respect to its length are thus plainly made co-extensive with 
the canal, the chief subject of inquiry that remains, is in reference to 
the length of the canal contemplated or authorized by the act of Con- 
gress, according to its true intent and meaning. 

On this point, the intention of the law is not so obvious. No points 
are named for the commencement or termination of the canal, except 
that it is "to unite at navigable points, the waters of the Wabash with 
those of Lake Erie." This phraseology is very indefinite. The Mau- 
mee and Wabash rivers, which form the route of this canal, have been 
navigated with small craft, with a portage between them, of only nine 
miles, ever since the discovery of the country by the French. 

The navigation of these rivers, improves gradually in descending 
from this portage, as the volume of water is increased by the numer- 
ous tributaries until they unite, the one with Lake Erie, and the other 
with the Ohio river. Now it will not be contended, that the construc- 
tion of a canal across this portage merely, would meet the objects and 
intentions of the act of Congress. And the increase in the depth of 
water in those streams, is so gradual, that there would be great un- 
certainty in selecting the navigable point, in the sense in which this 
phrase is used in the law. Under these circumstances, it is fairly to 
be presumed, as well trom the spirit as the letter of the law, that Con- 
gress had in view such an extension of the canal, in both directions, 
as would furnish throughout this great national thorouhfare, a naviga- 
tion adequate to the demands of commerce, and purposes of Govern- 
ment; leaving the length of the canal, necessary to effect this object, to 
be determined by the discretion of those who might be charged with 
the location, after a critical examination of the route. But to which 
of the parties is this discretion confided? On this point the law is plain. 
The 2d section says, "so soon as the route of the canal shall be loca- 
ted, and agreed upon by said State, &c." It appears quite evident 
therefore, that according to the act of Congress, the State, and the 
State alone, has the right to determine how far down the Wabash and 
Maumee rivers, the canal shall be extended, keeping in view the ob- 
jects and design of the grant. 

The final determination of the State of Indiana, in respect to the 
necessary extension along the Wabash river, will be seen by reference 
25 



194 

to an act entitled "an act to provide for a general system of Interna! 
Improvement,*' approved January 27, 183G. The fourth section of 
this act, provides for a continuation of (he Wabash and Erie canal, 
along the valley of the Wabash river to Terre Haute, and thence across 
to the Central canal, through which it will be connected with the Ohio 
river, and also appropriates a sum of money for the construction of the 
same, equal to about half its cost. As the canal as here authorized, 
does not connect with the Wabash river, at any point below Terre 
Haute, that point may be considered as its termination, agreeably to 
the intentions of the act of Congress, and of course, no claim for further 
extension of the grant, could be urged. 

From the most careful consideration of the whole subject, therefore, 
the conclusion seems irresistible, that since the State, after a critical 
survey of the route, has found it necessary for the purposes of com- 
merce, to extend the canal to Terre Haute, a fair and just construc- 
tion of the act of Congress, approved March 2d, 1827, will give to the 
state, a corresponding extension of the grant of land. 

This conclusion is fully sustained, by the former action of the Gen- 
eral Land Office Department, in regard to that portion of the grant 
which had been transferred to the State of Ohio. 

The documents accompanying the last annual message of the Gover- 
nor of Ohio, give a full history of the negotiation, between the authori- 
ties of that state, and the General Land Office Department. From 
these and other official papers, to which reference has been had, the 
facts which follow have been collected. 

About the year 1828, a survey of the eastern section of the Wabash 
aiKi Erie canal, along the Maumee river, was made by Howard Stans- 
bury, acting under orders of the Engineer Department of the United 
States. By reference to the report of that officer, to the department, 
it will be seen that he terminated the canal at the foot of the Maumee 
rapids, and expressed his opinion that a farther extension of the canal 
was not demanded by the interest of the country. The point selected 
by Mr. Stansbury for the termination of the canal, (the foot of the ra- 
pids) is on the lake level, and it has been ascertained by actual sound- 
ing, that below this point, there is at no time less than six and a half 
feet water in the shallowest places. 

During the year 1834, Commissioners were appointed on the part 
of the State of Ohio, to select the lands due to that portion of the ca- 
nal which passes through her territory. The commissioners it appears, 
adopted Siansbury's line, as far as he had run the same, for the pur- 
pose of making the selections of land; and proceeded to make out 
township plats, showing its connection with the public surveys, which 
plats were forwarded to the General Land office for the action of that 
department, in Jane, 1 834. (See letter of Gov. Lucas (o the Commis- 
sioner of the General Land Office, dated 12th Sept. 1836.) 

From the history of the negotiation, it does not appear that any far- 
ther action was had on this subject, until the 8th of April, 1836, when 
the Board of Public works of the state of Ohio, with a view probably 
to a more perfect channel of commerce, determined by a resolution 



195 

adopted od (bat day, to extend the canal entirely to the Maumee 
Bay, a distance of \h nniles farther down, than the point originally se- 
lected for its termination. (See page 8 of the documents accompany- 
ing Gov. Lucas' Message.) 

The subsequent history of (he negotiation shows, that upon this de- 
termination of the proper authorities to extend the canal, the right of 
the State of Ohio, to select lands for this portion of the route, under 
the act of Congress of 2d March, 1827, was recognized by the Gener- 
al Government without hesitation (See page 20 of the documents 
accompanying Governor Lucas' message. 

This reference to (he decision of the General Land Office Depart- 
ment, in the case of Ohio, is made with a view of sustaining the con- 
struction which we have given to the law of Congress. If the act of 
Congress of 2d March, 1827, authorizes a selection of lands for the ex- 
tension of the canal along the Maumee river, where there is at no time 
less than 6i feet water, and where the United States' Engineer deemed 
an extension of the canal unnecessary, the right of Indiana to an ex- 
tension of the grant, for the construction of the canal along the Wa- 
bash, which affords less than eighteen inches water, on the bars during 
the summer season, cannot be controverted. 

It may be remarked too, that the parties will be materially benefit- 
ted, if the construction for which the state contends be sustained, and 
that an extension of the grant would appear necessary to the full ac- 
complishment of important purposes of its own, which the General 
Government had in view, and which in part, it is presumed, prompted 
its action on this subject. The U. States, and the State of Indiana, 
are in an Trnportant sense, partners in the construction and use of this 
canal. The first section of the act of Congress before referred to, 
provides "That the said canal when completed, shall be and forever 
remain a public highway, for the use of the Government of the Uni- 
ted States, free from any tollorother chargewhatever,forany property 
of the U. S. or persons in their service passing through the same." This 
enactment on the part of the U. Stales, and its acceptance on the part 
of this States, forms a compact between the two governments which 
secures to the former so far as the grant of land may extend, rights and 
privileges which will be of much future importance, especially in time 
of war; an occurrence for which it is the acknowledged policy of all 
Governments to provide. The construction of the canal, and the ex- 
tension of thegrant of land vs^hich the authorities of the State, believe^ 
follows as a matter of course, will provide "a public highway for the 
use of the Government of the United States, free from any tolls, &c." 
connecting with the great chain of Lakes on the North, aud extending 
south-west to the Cumberland road, a public highway which the Uni- 
ted States are now constructing and which must ever form the princi- 
pal thoroughfare for all purposes of Government, through the interior 
of the Western States. 

If the United States should not recognize Tcrre-Haute as the termi- 
nation of the canal, under the act of Congress, they can never of 
course claim any right of way, between that point and Tippecanoe. 
The consequence will be that their boats from Lake Erie must stop at 



196 

the mouth of Tippecanoe, and their boats up the Wabash, oiust stop 
at Terre-Haute, except when the Wabash between those points is 
high which is seldom the case. 

If, without the recognition suggested, the United States should here- 
after attempt to navigate this part of the canal, and the State, as it 
would have a right to do, should undertake to prevent it, the diffiulties 
caoDOt be foreseen. 

D. H. MAXWELL, Pres'f 

State Board Int. Imp. Indiana 

To Messrs. Thos. H. Blake, & M. K. Alexander, 

Commissioners of the Slates of Indiana and Illinois. 

Gentlemen — 

In obedience to the instructions! received from you, growing out of 
my engagements of the 24th of June last, to take charge of the im- 
provements contemplated in the Wabash river, I hasten to lay before 
you a report of the measures taken to advance that object. 

Immediately after the 24th of June, I proceeded to the Grand Rap- 
ids, as the point presenting the most formidable obstructions to be 
overcome; to which I had been particularly directed, as the field for 
operations, and commenced a general, though cursory examination of 
the country in their vicinity, and the river from Vincennes to the Ohio. 
The operations now pressing forward on so many rivers in Kentucky 
and Pennsylvania, in preparing them for an uninterrupted navigation 
for steamboats, appeared to point to that mode, as the ultimate improve- 
ment which at no long period would prevail, on all the tributaries of 
the Ohio. 

With this consideration of the subject, distinctly in view, it was 
deemed necessary, as a preliminary measure, before a plan could be 
adopted with judgment, to form opinions approaching at least to cor- 
rectness,of the practicability for improvements in the river below, and 
the kind which would be used, so that the plans for the Grand Rapids, 
might be in keeping and harmony, with those which at some future 
lime, might be constructed between that place and the Ohio. 

With slight exceptions, from Delphi to within eleven miles of the 
junction of White river, to the shoals of Little Rock Rapids, the Wa- 
bash has a mild current, of good width and tolerably well defined 
banks, which confine its waters to their natural bed, except in time of 
floods. Below White river, evident changes are perceived. The 
stream expands to something like double its former width, its course 
is more serpentine; it crosses its lowest valley from side to side, which 
is from three to eight miles wide, and in traversing the valley, changes 
its direction frequently, forms cut-offs in the bends of the river, and 
rolls with the current vast volumes of sand. 

Between White river and the Ohio, the sand rock of the country, is 
found in the bed of the river in three places, at Coffee Island and at 
the Little and Grand Chains, and there forms the ripples, which have 
been recently improved by Messrs. Gardner and Mundy, At these 



197 

pointy, where the rocks occur, the river is susceptible probably of any 
improvement, which the extensive and increasing trade of the country 
may demand. The immense value of the commerce of the valley of 
the Wabash, it is fair to presume, would induce in a short time, a slack 
water navigation for the business of steam boats, at all seasons of the 
year, if the river was practicable for such an improvement. But how- 
ever desirable such an object may be, it is problematical at least, from 
the caracter of the country, overflowed in times of floods, from 3 to 8 
miles in width with the bed of thestream constantly changing its course, 
and its current rolling volumes of sand, suflicient to fill its entire bed 
in a few years for a long distance; whether such a stream, can be ge- 
nerally converted into pools for slack water navigation. In such an e- 
vent it is doubtful, that the process of filling the pools of the dams with 
sand would go on rapidly for a few years, and then to find way, for its 
water, the river would seek new channels and leave such work as had 
been constructed on dry ground. 

Although the probabilities are adverse to the general improvement 
of the Wabash by means of slack water navigation in its whole length, 
it is entirely possible, at some future period of time, that works of this 
kind may be erected on the shoals where the rocks appoar, and this 
consideration though remotely, had some weight in determining the 
plan for the works at the rapids. 

The Wabash below White river, for the small class of Ohio steam 
boats, is navigable the greater part of each year, and for a much lon- 
ger period than it is above, owing more to the series of shoals from the 
Grand Rapids to Little Rock, than to want of water from thence to 
Lafayette and Delphi. Many inquiries, relative to the length of time 
in which the ordinary steam boat navigation can be used annually on 
the Wabash, have been made above and below the confluence of White 
river, but from the conflicting statements, it is difficult to form an opi- 
nion. The time varies doubtless in different years. During the pre- 
sent, there can have been but little, or no time, when the water has been 
too low for small boats to ascend tothe Rapids. A steam boat of ordi- 
nary light draught, came there the last of October, when the water 
was depressed probably, as low as it had been at any time during the 
summer and fall seasons. If it could have passed the shoal waters for 
the ten miles above this point, it might have made its way for a long 
distance up the river. From the best intelligence that could be ob- 
tained it is confidently believed, that when the improvements at the 
Grand Rapids shall be completed, it will add at least three months in 
each year, to the time in which steam boats can now ascend the Wa- 
bash above the junction of White river. 

The obstacles to the navigation proposed to be remedied by the pre- 
sent improvements, are the series of rapids and shoals commencing a- 
bout one mile above the mouth of White river. 

1st. The Grand Rapids; descent 4 feel in less than a mile. 
2d. The Hanging Rock Rapids, 2i miles from the foot of the first; 
descent 1 foot 7 inches in half a mile. 
3d, Crum's Ripple, and the Ripple at Ramsay's and Budle's Mills 



198 

are next in succession, 4i miles from Hanging Reck; descent 3 feet 2 
inches from the surface of the water above the dams, and to Hanging 
Rock; the greater part of which, or all of the descent, is within three 
fourths of a mile from the dams. 

4th. Little Rock Rapids 2i miles from the latter, from the head of 
which, in half a mile, is a descent on the surface of the water at the 
time the levels were taken, of 1 foot 3 inches; making in all the dis- 
tance of 9i miles with the direction of the stream, a descent of 10 feet; 
the water from numerous soundings, varying in depth from 4 to li 
feet on the highest point of rocks in the shoals at these places. 

In running the levels, the point of high water mark, at the foot of 
the Grand Rapids 21,57 feet above the surface of the water, was as- 
sumed at the base line. • The highest point in the bed of the river at 
Little Rock is 12.97 feet below this base line, and in the proposed im- 
proTement, of erecting one dam across the NVabash, with one lock of 
sufficient lift for overcoming all the descent of the river, from the foot 
of the Grand Rapids, and give 3 1-2 feet depth of water at its lowest 
stage, over the most elevated point of the Little Rock shoals, will re- 
quire the wier, or comb of the dam, when built, and the surface of the 
water in the river, to be raised to the height of 9.47 feet, or in round 
numbers, to nine feet six inches below this base line. 

To determine the best mode of overcoming these obstructions seve- 
ral other plans, than the one adopted, suggested themselves. The first 
was, if practicable, to introduce a feeder from White river, on ground 
sufficiently elevated, to lock by means of a canal, into the Wabash, a- 
bove and below the Rapids, and leave the bed of the river free for 
the great amount of trade passing it in flat and steam boats. Another 
plan, to make a canal from the upper part of the Rapids, deep enough 
to be fed without throwing a dam across the Wabash, and in that man- 
ner leave the river free. A third one, to erect a dam at Hanging Rock, 
high enough to render navigable the shoals in the river above that 
point, and, supply a canal to the foot of the rapids. A slight ex- 
amination sufficed to show the impracticability of the first, and the 
inexpediency of the two last; the cost of construction was sufficient to 
decide the question, but if they could have been made for a much less 
amount, it is doubtful whether they should have been adopted. The 
steam boat trade of the river is immensely valuable, and this commerce 
cannot be well accommodated in a canal. The agitation of the water 
caused by the motion of the boats, induce the necessity of paving the 
banks with stone, which injures the vessels in their passage through 
them. Canals are obviously too narrow for the free operation of steam 
boats, whose motions in them, are so much constrained, and their pro- 
gress so much impeded, that the utility of navigating canals by the a- 
gency of steam power, is a doubtful and unsettled question. The first 
of these canals would have been more than seven miles in length and 
the latter more than two. 

These considerations were deemed sufficient to determine that the 
works at the Grand Rapids should be, by means of dams and locks, 
and whether one dam or two should be used for that purpose, was the 



199 

only question which remained undecided. The height to which the 
waters are required to be raised at the lower termination of the Grand 
Rapids, to give 3 1-2 feet depth at the lowest stage of water at Little 
Rock, IS 12 feet, and on a good foundation such as will be used, this 
height is not toogreate to render a dam unsafe. But in consequence 
of the rocks in the channel of the river extending a greater distance 
down the stream on the Illinois than on the Indiana side, the dam to 
have a rock foundation in the whole extent, will be placed a short dis- 
tance up the falls, and its elevation will thereby be diminished by the 
rise in the rock more than a foot, so that to obtain the necessary depth 
of water, the dam will not exceed lOi feet in height at the place where 
it will be built; and as a single dam and lock are more convenient and 
more economical to surmount this difference of level, than by means of 
two, the use of one only should be preferred ; provided the country is 
sufficiently elevated to sustain that height of water against the banks of 
the river. 

In the event of building two dams, the site of the upper one would 
beat Hanging Rock, and the other about two miles below, near the 
foot of the Grand Rapids. The water from the upper site, to the ex- 
tremity of the pool in the river above, would of course be at the same 
height, whether one or two dams should be erected, and the only dif- 
ference to the adjacent country, in relation to the height of the water, 
is for the distance between the two dams, which does not exceed 2| 
miles, and this difference in height on the plan of two dams would not 
be greater than 3| feet. For, in order to give the necessary depth of 
water for steam boats to pass into the lock at the Hanging Rock dam, 
it would necessarily have a considerable portion of its height submer- 
ged by the lower one. 

A dam at the foot of the Rapids to overcome the obstructions in the 
river at Hanging Rock, and secure a sufficient depth of water to car- 
ry boats into the second lock, would be 7i feet in height above the sur- 
face of the river; and to overcome all the obstacles proposed to be re- 
medied, less than lOi feet above the surface of the water when the le- 
vels were taken. 

The greater part of the descent of the Grand Rapids is within half 
a mile of the dam, so that the height to which the waters are to be 
raised above their natural bed is diminished four feel in that distance: 
the banks are high enough to confine them, except in the highest floods, 
during which the country for miles in extent, is overflowed, with the 
exception of a few insulated points of sand rock ridges, which appear 
like islands in the surrounding waters. The difference therefore in 
the height to which the surface of the river will be raised by the plan 
of one or two dams is inconsiderable, not exceeding three and a half 
feet in height for two and a fourth miles in distance, and not enough to 
form a serious objection against the use of either. But to obviate any 
inconvenience on that account, in the estimate, the cost of making 
guard banks from the lower to the upper sites on each side of the riv- 
er has been calculated and provided for. The difference in the height 
of the lock gates and walls, on the plan of two dams, would have been 



200 

three feet less than in the plan for one, provided they had been left 
at 10 feet above the wiersor combs of the dams, and sometimes sub- 
merged in the highest floods, which, although avoided m the plan adop- 
ted, by raising the walls and gates above high water mark, would not 
have rendered them unsafe with guard banks of requisite height and 
well protected, and when the water would have been 10 feet over the 
combs of the dams, they would have formed no obstruction to the navi- 
gation of the river. 

All the advantages which can be claimed for the plan of two dams, is 
presented, it is believed, m the considerations of the difference in the 
height of the water and in the height of the lock-walls and gates. The 
plan of one dam and lock is preferable on account 

1st, of producing less delay and mjury to steam boats in passing one 
lock than in passing two, 

2d, of less delay to flat boats, and hazard of being drawn over the 
dam in descending the river. 

3d, of greater amount of water power; and 

4th, of greater economy in the cost of construction. 

In making an estimate of the available power of a mill seat, 3 feet is 
usually deducted from the aggregate descent, for head and fall races* 
On the plan of two dams, the difference in the surface of the water 
above and below the dam at Hanging Rock would have been but 3 
feet, and therefore valueless for all practical purposes. The availa- 
ble water power 6 feet at the lower site, on the same plan, but with one 
dam and one lock, there will be 9 feet fall available for propelling 
mill machinery; consequently if two dams and locks could have been 
constructed for the same cost, the single plan ought to have been pre- 
ferred. 

The cost of two however would have greatly exceeded that of one. 

For Comparison: on the plan of two Dams and two Locks, 
Cost of dam and lock at foot of Grand Rapids $138,825 93 

Cost of dam and lock at Hanging Rock 132,782 60 



Total 271,608 53 

On the Plan of one Dam and Lock, 
Cost of dam and lock near foot of Grand Rapids 1 66,928 55 



Difference $104,679 98 

The plan of one dam and lock was adopted, not only on account of the 
great difference of cost in its favor, but also of its greater utility. The 
height of the dam will be sufficient to give 3i feet water over the 
highest points in the rock bed of the river at Little Rock shoals, with- 
out taking into consideration the influence the dam will have in back- 
ing the water that distance, and the height the water will stand on the 



201 

comb of the dam, both of which will probably be equal to 6 inches and 
give a depth of water of four feet over the highest rocks. The lock 
will be 175 feet long and 38 feet wide in the chamber, and of the same 
dimensions as those used in the Kentucky rivers which are now being 
improved. The lock is of sufficient capacity, with a rise of 2i feetia 
the river, to pass boats of 200 tons burthen, the size which includes 
the most numerous class, which navigate the Ohio, and at all times to 
pass boats drawing 3J feet water. The gates will be opened with cap- 
stans. The lock walls are 236 feet in length with piers of crib-work 
filled with stone and faced with plank, extending 180 feet above and 
below the lock, for protection walls. 

The dam will be one thousand feet in length, built with cribs of 
timber filled with stone and covered with 6 inch plank. The site is 
on the sand rock bed of the river, and aflfords a good foundation for 
the dam. The rock is more firm and compact than that which is 
found above water in the vicinity. Care has been taken in the selec- 
tion of the site to place the dam, sufficiently up the falls for the agita- 
tion of the water produced in passing the dam, to subside on its rocky 
bed, to prevent deep washing below; the formation of new sand bars, 
and to prevent the structure from being weakened and undermined. 
The dam is thus placed some distance up the falls, and as a necessary 
consequence the rock to some amount has to be excavated below. This 
selection of the site lessens the height the dam has to be built about 14 
feet and adds greatly to its permanency. This rise in the rock occurs 
above the point where the water will be discharged for hydraulic uses, 
so that the fall secured by the erection of the dam is fully equal to 12 
feel, 9 feet of which, making the usual allowance of mill wrights for 
head and fall, will be available for machinery with a snpply of water 
greater than can be used for many years to come; sufficient at least, 
to propel 300 pairs of 4i feet millstones at seasons of the lowest stage 
of water and will not be suspended by floods more than six weeks in 
the year. 

The dam will have some slight influence in backing the water of 
the river in medium floods, but this influence will be small, in higher 
staged floods, in which the water rises on the weir or comb of the dam, 
to something like one-fifth pai t of its common height. This influence 
of backing the water will be altogether lost; so that a dam has no ef- 
fect in increasing the rise of freshets after they attain to a certain 
elevation; in such cases an increase of velocity at the place where the 
dam is located is the only difference which can be perceived. 

The effect on smaller rises of a river must be very slight; for the 
water in a pool, even of miles in length in small floods, moves with a 
current that is scarcely perceptible, and the difference consequently of 
the elevation between the terminations of the pool must be small in- 
deed. The hanks of the river are generally from 19 to 20 feet above 
its bed, but with the exception of three or four places in the distance 
of eleven miles above the mouth of White river, in the highest rises of 
water, the whole valley bordering the Wabash, is overflowed for miles 
3« 



202 

in extent. The valley is very level and unifornn in its surface, of a 
tough clayey soil, which atFords a tolerable guaranty against currents, 
and the river forming new channels. 

From the lock and abutments on each side of the river, guard banks 
can be cheaply constructed to high ground which never overflows; a 
fortunate circumstance in the location, which could not be found at 
any other place, within many miles. Almost immediately above the 
site of the lock, on the eastern bank of the river, a point of land com- 
posed mostly of saiid rock, 20 feet above the highest floods, projects 
into the stream and forms a harbor on its upper side, where boats may 
land safely, without danger of being drawn over the dam. This pro- 
jection of high ground is not so abrupt as to make it difficult to pass, 
but at the same time it influences the current from the point to the 
bend of the river on the opposite side, and protects thereby, the lock, 
from drift and ice. The bed of the Wabash for some distance, sever- 
al miles above the Little Rock rapids, is deep and well adapted to be- 
come the reservoir of the sand, which must, in the nature of things, be 
deposited at the head of the pool. 

Few places on the Wabash could be found so well adapted for the 
location of similar works, in which safety, convenience, and perma- 
nence are so well secured. 

The Lock walls are designed to be built of the most durable mate- 
rials, and in the best manner, as well as the abutments and the Dam. 

The great amount of trade on the Wabash, obviously points to the 
necessity of doing in the most substantial mam er, whatever is done,so 
that the work when put up will need no repairs or be of doubtful util- 
ity when completed. The plan is very similar to those used in Ken- 
tucky on their public works. Care has been taken to have the Dam, 
Lock-walls, and gates of such dimensions that they will resist the pres- 
sure against them, and the height of the gates not to exceed the lim- 
its inordinary use for large locks in the United States and Europe, so 
that nothing should be left to conjecture, or the hazard of experiment. 
The difficulty of procuring stone of good quality, the quantity of ma- 
terials to be collected atone point, the uncertainty of a proper stage 
of water for their transportation, and the necessity of having all the 
materials ready and prepared on the ground, before a commencement 
of any part of the structures in water can be made, induced the re- 
commendation of letting out the delivery of the stone for the Lock and 
abutments. Thelettingfor the materials took place on the 22d inst. 
and contracts were taken for the delivery of 7,000 cubic yards of stone, 
to be delivered by the 1st of June next at fair prices for the states, 
by two responsible companies, who have already entered with spirit 
upon the business of their contracts, and with an activity that promises 
well for their performance. The prices at which these contracts have 
been taken, would seem to insure the completion of the work, within 
the estimate made. Thus far building stone of a good quality has not 
been found nearer than Pottcrsville, 77 miles above the confluence of 
White river. There the quarries are fine for the massive structures 
for which the materials are wanted: none of suitable quality have been 



203 

found nearer to the site of the works although dilligent and laborious 
search has been made for that purpose. 

The cost of the entire works is estimated at $166,928 35. The 
whole is carefully calculated and put at such prices as is confidently 
believed, will insure the completion of the work in the most substantial 
manner, without exceeding the estimate one dollar. 

It is expected that accordidg to agreement, the stone will be deliv- 
ered bj the first of June next, and that the main contracts for building 
the Lock, Dam and Abutments, may be let by the 15th of that month, 
so that the whole may be completed by the 1st of Nov. 1839. Ample 
provision has been made in the estimates for the use of the water 
power, in the construction of culverts and canals, for the conveyance 
and discharge of water to the sites where the mills will be erected. 
So great a power for hydraulic purposes, created in the heart of an ex 
tensive wheat growing country and adjacent (o the beds of iron ore 
abounding in the valley of White river, cannot fail to insure to the 
states large profits. Its situation in a district of country where water 
privileges are extremely limited, will enhance its value, and being of so 
great extent, and within 12 hours voyage to the Ohio, will give it such 
claims to the attention of tlie public, as cannot in the nature of thing?, 
fail to point it out as extremely well situated for any kind of manufac- 
tures, in which water power is essential, and induce it to be extensive- 
ly improved. In regard to the profits to be derived from the construc- 
tion of the work, it will be sufficient to remark, that when completed 
it will probably stand on more favorable ground in regard to the reven- 
ue, which will be derived from if, than any other in either of the states. 
So soon as it shall be completed, a very moderate amount of tolls col- 
lected on the great trade of the Wabash, will render it profitable in the 
noatter of revenue. But a very short time can elapse before the rents 
from the water power alone, will pay the interest on the cost of con- 
struction and keep up the necessary repairs and attendants. Leases 
for water power in Indiana, rent for $150 per annum, for privilege of 
water for propelling one run of four and a half feet mill stones, eleven 
months in the year, and are readily sought for at that price. The eli- 
gibility of this water power for the manufacture of iron and nails, of 
paper, lumber, cotton, and flour, cannot fail in a short time to make it 
the source of a large revenue to the States. The benefits of the work 
to the country can hardly be appreciated. Great confidence is felt, 
that to the present navigable portion of the year of the Wabash river, 
it will add at least three months to that time, for the upper part of it, 
and that when the obstacles to the navigation shall be removed in this 
section of the river, there will be more inducement for the business of 
steam boats in the summer season; and that but a very short time in 
each year will be found in which light draught boats, suited to the com- 
merce, will not make their regular trips from the upper country to its 
mouth. Nor will the benefits cease with the extension of the naviga- 
tion, and the rents and tolls which will be received; the introduction 
of property, the investment of capital to a great amount in manufac- 
tures, wil) swell the revenue of the states, add greatly to the aggregate 
of their wealth, and to the prosperity and convenience of their people. 



204 

The disbursements made in locating the works, examinations for 
atone, purchase of instruments, tools, «&c- amount to $1,464 68 — $732 
34, or one half of the whole sum has been paid out of moneys furnish- 
ed by each commissioner of the respective states, as per reference to 
the accounts and vouchers rendered, which with the plans and estimates 
of the work in detail, are herewith respectfully submitted. 

D. BURR, 
Principal Engineer Wabash River, 
Mount Carmel, Illinois, Nov. 28, 1837. 

To the Honorable 

the Board of Internal Improvement : 
Gentlemen — 

As the season for active operations on the public works has been 
measurably brought to a close by the return of winter, the undersign- 
ed in discharge of duties belonging to his station, respectfully submits 
to the Board of Internal Improvement, the following report in relation 
to the progress of the several Improvements, and the operations of the 
Engineer Department thereon during the past year: — 

WABASH AND ERIE CANAL. 

At the date of my last annual report, that portion of line extending 
from Huntington to La Fontains's creek was nearly completed, with 
the exception of the Locks, which had been delayed in consequence of 
the difficulty of procuring stone. These structures were finished du- 
ring the early part of the season, the upper portion of this line was 
immediately filled with water and on the 4th of July boats were pass- 
ed as far west as the town of Wabash. By the middle of July the 
lower levels had also become filled, and the navigation was extended 
to La Fontain's creek, since which period, boats have made regular 
trips, between that point and Fort Wayne, a distance of 62 miles with 
very little interruption. 

The division extending from La Fontain's creek to Logansport is 
likewise so nearly completed that the water has already been introdu- 
ced and the passage of boats is prevented only by a few days work which 
remain to be performed at two of the Locks. It is supposed that there 
will be nothing to prevent a regular navigation of the canal from Fort 
Wayne to Logansport, so soon as the ice may be removed in the spring. 
The distance between these two points by the canal is 76 miles nearly, 
and if we add to this St. Joseph feeder 6 miles and 34 chains, which 
has the same dimensions as the main line, we have in round numbers 
824 miles as the total length of canal now ready for navigation. 

Two breaches occurred in the canal below Huntington, during the 
time offilling it with water, one at the Bluflf 4 miles below Huntington , 
and the other at the Bluff near the town of Wabash. These are cas- 
ualties inseparable from newly made canals, though their occurrence 
may be rendered less frequent and disastrous by proper activity, vigi- 
lance and practical judgment on the part of the Engineer or Superin- 



205 

tendent immediately in charge. There have been no breaches worth 
naming during the past season on that portion of the line which had 
been for a longer period filled with water, which is evidence of the 
greater compactness that the banks are acquiring. The Wabash dam 
No. 3, situated a quarter of a mile above Peru, which last year was re- 
ported in an unfinished and hazardous condition, sustained considera- 
ble damage during the winter, one hundred and fifty feet of the body 
of the dam having been carried away by the ice freshets. This, to- 
gether with other losses during the progress of the work, occasioned by 
the frequent and sudden rises, to which this river is peculiarly liable, 
have increased very much the cost of this work. It has howeverbeen 
completed during the past season, excepting 40 feet of covering tim- 
ber on the upper slope which has not been placed. This Dam is 400 
feet in length between abutments and 1 1 feet high from low water. It 
will turn into the canal an ample supply of water, both for navigation 
and hydraulic purposes, as far down as the point where the canal en- 
ters the pool of Dam No. 4, in which the crossing of the Wabash is ef- 
fected. A feeder has been constructed from the pool of this dam to 
the canal 15 chains in length, in which a Guard Lock of cut stone has 
been built for the purpose of regulating the introduction of the water, 
and of admitting into the canal the boats and other craft, which may 
descend the Wabash or Missinnewa river. The river at this point fur- 
nishes more water than the canal can pass, and in order to make this 
surplus available for manufacturing purposes, a series of wooden cul- 
verts have been constructed under the Guard Bank with sliding gates 
at the upper end, to shut down in time of floods. This structure will 
be durable as it is placed below the surface of low water in the pool. 

The line from Logansport to Georgetown, is nearly ready for the 
admission of the water, with the exception of the aqueduct over Eel 
river. The masonry and timber work of this structure are well ad- 
vanced, and it is supposed the water may be passed over it, and the na- 
vigation extended to Georgetown by the 1st Sept. next. 

Wabash Dam No. 4 near Delphi, has progressed during the past 
summer with a degree of energy and judgment highly creditable to the 
contractor, but the low water season proved too short to admit of its 
completion. The abutments have been nearly finished, and 153 feet 
of the eastern portion of the dam has been raised to its full height and 
covered. Throughout the remaining 4 37 feet, the crib work has been 
raised 4 feet above low water and filled with stone. In this condition 
it must remain until the low water season of the year. It is to be re- 
gretted that the work must be left in this exposed condition. It may 
not receive great injury as the bed of the river is composed of solid 
rock. 

The materials for the Deer creek dam are chiefly prepared, al- 
though but little has been done towards putting them to their place. 
One abutment has been commenced and raised 6 feet high. But lit- 
tle has been done towards the construction of the Wild Cat dam, fur- 
ther than the delivering of a part of the materials. 

The heavy embankment at the Birmingham Bluff has been prose- 



206 

cuted with sufficient energy. The lower section of this BlufFhas been 
completed. The construction of the canal along the Falling Spring 
Bluff, the most difficult point on this line, has not progressed so well, in 
consequence probably of the abandonment of the contract by the ori- 
ginal contractor. The contractors now engaged in this heavy work 
will no doubt prosecute it with vigor. 

The difficulty of procuring stone in the Wabash valley, suitable for 
mechanical structures, has been alluded to in former reports. This 
inconvenience has been felt on (he lower as well as the upper part of 
the line. Six of the locks in the vicinity of Delphi, which had been 
contracted for upon the composite plan, (the walls formed of stone 
with timber facing) are now being constructed entirely of timber, in 
consequence of the failure of the stone quarries relied upon at the 
time of letting. The manner of building one lock near Georgetown 
has been changed from the composite plan, to cut stone, a quarry hav- 
ing recently been discovered in that vicinity, which it is supposed may 
answer for cut work. 

Laborers have been scarce on this line during most of the past sea- 
son. The effective force including the teams, and reducing their per- 
formance to manual labor has been equal to 1105 men, including the 
whole from Huntington to Lafayette, and averaging the whole busi- 
ness season. 

That portion of the line extending from section No 50, near Hun- 
tington to the end of Sec. 122, near La Fontaine's creek, 35 miles and 
27 chains will cost about ^507,769. averaging ,f 14,368 per mile, agree- 
ably to estimates made by the Engineer, founded in nearly every in- 
stance, upon accurate final settlements. The estimates made to con- 
tractors on this portion of line, up to the 20th November last amounts 
to ^501,557, leaving labor to be performed, to the value of ^'6,212, 
The sum paid to superintendents for repairing breaches and in secu- 
ring and strengthening the canal up to this date, amounts to ^4,690, 
which should be added to show the true cost of the canal. The cost 
of repairing breaches and of sustaining the canal until the banks be- 
come settled, rightfully belongs to the construction, rather than to (he 
item of repairs. 

The total cost of line from Sec. 122 to the end of Section 163 near 
Georgetown, a distance of 21 miles and 4 chains, estimated from simi- 
lar data is $257,091 or |^12,214 per mile nearly. Of this sum ^236,- 
765 have been estimated to contractors up to 20th Nov. leaving work 
to be done to the estimated value of ^20,326 at contract prices. 

West of Georgetown only detached portions of the line have been 
let out, embracing the heavy work. Between this point and the end 
of section 202, the point originally selected as (he temporary termina- 
tion of the canal near the mouth of Tippecanoe, there are 19 sec- 
tions under contract, besides the Wabash dam, No. 4, embracing 9i 
miles of line, which at present contract prices, are estimated to cost 
^294,592. The labor performed up to the 25th of Nov. has been es- 
timated at the sum of $109,193, leaving work yet to be done to (he 
value of $185,399. 



20T 

Of the extension of the Wabash and Erie canal from the Tippeca- 
noe to Lafayette, 14 sections are under contract, embracing a distance 
of 61 miles, the estimated cost of which, at contract prices, is ^156,- 
367. The estimates of work performed on these sections up to 25th 
Nov. last amount to $87,1 15, leaving work to be done to the value of 
^69,252. These estimates on the several portions of line, do not in- 
clude the cost of Engineering and other superintendence. 

It will be observed that the actual cost of the line from Huntington 
to Georgetown, is somewhat greater than the estimates presented in 
former reports, which were founded upon the then existing contracts. 
The great advance in the price of labor and provisions since 1834, pro- 
duced by the expansion of the currency, which is always the measure 
of value, together with the failure of the crops, caused the abandon- 
ment of many contracts, which were re-let at advanced prices. This, 
in addition to the great expense of procuring suitable stone in the 
Wabash valley, adverted to in last year's report, will account for this 
increase of cost. The quantities of work to be performed, as estima- 
ted before the letting, are found to agree very nearly with the final 
measurements. 

During the month of April last, that portion of line extending from 
Fort Wayne to the Ohio state line, was permanently located and pre- 
pared for contract. This line is of the plainest character. The ag- 
gregate lockage is 22 feet, divided into three locks, the first of which 
has been located one and a half miles east of Fort Wayne, terminating 
the summit level at that point. The plan of location, designated in my 
report of Dec. 15, 1835, as the high level, has been adopted in order 
to meet the location east of the state line, which had previously been 
determined upon by the Ohio Board of Public Works. I have recom- 
mended that the first lock east of the summit be built of cut stone. 
The stone can be brought by canal from the quarry at Salamonia to a 
point within one and a half miles of the lock site, from which they must 
be taken by land carriage. The streams on this line being of the 
smaller class will be crossed by means of submerged wooden culverts. 
This portion of the canal has been laid out 60 feet wide at the surface 
and 6 feet depth of water, agreeable to the order of the Board on that 
subject. 

The whole line east of Fort Wayne, 19 miles and 31 chains in 
length, is estimated by the resident Engineer, to cost at present con- 
tract prices $289,336, averaging $14,888 per mile, exclusive of super- 
intendence. The estimated value of work performed up to the 30th 
November last,is $16,1 11, leaving $273,225 as the value of work now 
under contract on this division. This line may be finished and boats 
passed from Lafayette to the State line by the fall of 1839. 

For more particular information in regard to the operations on the 
Wabash and Erie canal, I beg leave to refer the Board to the reports 
of Messrs. Fisher, Wilson, and Davis, the resident Engineers, in 
charge of the line. These reports contain much interesting detail, 
which I could not embody in this report, without making it too volumi- 
nous. 



208 

WHITE WATER CANAL. 

The construction of this canal, from Brookville to Lawrenceburghj 
30 nfiiles and 64 chains in length, has been successfully prosecuted du- 
ring the whole season with an effective force averaging about 975 
men. 

Six sections embracing Sj miles, besides numerous other small por- 
tions of (he line have been completed and made ready for the admis- 
sion of the water. Eleven sections, in addition, embracing 5i miles it 
is believed will be finished by the 1st of January next. Most of the 
heavy jobs are well advanced. The abutments of dam No. 1, at Har- 
rison, have been raised 8 feet above low water, and the materials for 
the body of the dam are partly prepared. Dam No. 2, at McCarty's 
Bluff is not so far advanced, very little having been done towards its 
construction. Dam No. 3, across the East Fork at Brookville, has 
been completed in a satisfactory manner. Several of the Locks are 
nearly finished, and most of the remaining ones have been commen- 
ced. Eight culverts have been completed. Ten sections were aban- 
doned last spring by the original contractors and re-let at an advance 
of about 25 per cent. 

The aggragate cost of tne line from Brookville to the Basin at Law- 
renceburgh, at present contract prices, is estimated by the Resident 
Engineer at ^472,1 34, exclusive of the cost of superintendence.J 

The aggregate value of labor performed on these contracts up to 
the 29th November, as shown by the monthly estimates of the engi- 
neer, amounts to ^238,313, leaving labor still to be done to the value 
of ^233,821. 

The progress made in the construction of the work generally on this 
line, justifies the belief, that canal boats may be passed from Brookville 
to Lawrenceburgh by the 1st October next. With a view to this ob- 
ject, I have suggested that all backward jobs be declared abandoned 
and re-let, unless an adequate force be promptly put on by the present 
contractors. The report of the Resident Engineer, which will be 
submitted to the Board, will furnish information more in detail in re- 
gard to this line. 

The Resident Engineer, when he could be spared from the superin- 
tendence of the contracts, iias been engaged in extending the surveys 
and location above Brookville preparatory to placingit under contract. 
The character of the route as far north as the National Road is now 
so well tinderstood, and the plans of construction so well matured, 
that very little labor will be required to make it ready for letting. 
The location which has been made, although done with much care 
and judgment should not generally be viewed as a final location, 
so as to preclude any alteration should other examinations or the 
results of another year's experience suggest any improvement in the 
line. 

A survey of the East Fork canal from Richmond to Brookville, has 
beeu made by S. Torbert, the Resident Engineer on the While Water 
line, whose rcpoit will be submitted to (he Board within a few days. 



209 



CENTRAL CANAL— INDIANAPOLIS DIVISION. 

The work on this line has progressed during the past year with 
much energy. An effective force of about 750 men have been em- 
ployed. Agreeably to the estimates of the Resident Engineer, the 
aggregate value of work performed up to this date at contract prices, 
exclusive of superintendence, amounts to $227,552, and the amount 
remaining to be done to $139,599, giving $367,151 as the cost of the 
whole line when finished, including four additional sections not under 
contract at the date of last report, making in all a distance of 25 miles 
and 19 chains. 

The dam across White river, designed to furnish a supply of water 
for this division, has been prosecuted by the contractor in a faithful 
and energetic manner. The whole bed of the river, between the 
abutments has been excavated to the depth of 3i feet below low water, 
and the foundation of the dam, which is composed of brush and un- 
hewn trees, as high as low water mark, has been placed and secured 
by laying on the first course of the crib work and filling the cribs with 
stone. The foundation of Fall creek Aqueduct has been placed, and 
the abutments and piers commenced. The locks and other heavy 
jobs are generally well advanced. For farther detail in respect to 
this line reference m^y be had to the Report of T. A. Morris, Resi- 
dent Engineer. 

This division may readily be finished and the water introduced by 
the first September nexf. 

In my report of last year it was stated that the location of the line 
at Port Royal Bluffs, had been deferred until the several plana which 
presented for passing this obstruction could be more fully examined, 
and their relative advantages and cost ascertained. These examina- 
tions have since been made, and the several plans which it was deemed 
neccssar}" to examine may be understood by reference to the accompa- 
nying map. They may be described as follows: 

Plan No. 1. An independent canal along the face of the bluffs lock- 
ing down at the lower end, and receiving a feeder by means of a dam 
raised 6 feet above low water. Total cost $40,618; length of line 
1 mile and 49 chains. 

Plan No. 2. An independent canal along the upper bluff", locking 
into the pool of the dam at the headofihe lower blufT, making slack 
water for the distance of 51 chains, the dam being raised 7 feet above 
iow water. Total cost $28,598 upon this plan, length of line the same 
as in plan No. 1. 

Plan No. 3. Entering the pool at head of upper bluff', and passing 
the whole obstruction, by means of slack water. Upon this plan the 
dam must be raised 8 feet above low water, to give sufficient depth at 
head of bluff". The length of slack water will be one mile and a quar- 
ter. Total cost $24,584, length of line same as No. 1. These sever- 
27 



210 

al estimates do not include the cost of lockage, that item being aUke 
to every plan . 

From the facts of the case as here slated, it was deemed advisable 
to adopt the plan last described, the saving of expense being so great 
as to outweigh any evils which may be supposed to belong to the 
slack water. The dam will be 360 feet long and 8 feet high, measur- 
ing from low water, and will be built on a gravel bottom. Stone and 
other materials required in its construction, are found convenient to 
the site. In the extension of the canal south from the bluffs, this dam 
will furnish the necessary supply of water. 

The plans for bringing into use the water power created at Indian- 
apolis by the construction of this canal, have been definitely arranged. 
The whole descent from surface of canal to low water of White river 
is 32 feet. This has been divided into two falls, the first 18 feet and 
the other 14 feet. At the upper fall, the water may be used on an 
overshot wheel of IC feet diameter; at the lower fall, if an overshot 
be used, its diameter should be but 10 feet, so as to be above the rise 
of moderate freshets. On an overshot wheel of 16 feet diameter, 175 
cubic feet of water per minute, will drive a pair of 44 feet mill stones, 
together with the necessary apparatus for manufacturing flour. With 
a wheel of 10 ft. diameter, 280 cub. feel will be required. 

The minimum discharge of White river, 7,600 cub. feet per minute, 
as may be seen by reference to my report of 1 835. The ordinary low 
water discharge is however seldom reduced below 10,000 feet. De- 
ducting 2000 feet for the supply of this division of the canal to the 
next feeder, and there remains 8000 (eet to be passed over these 
wheels; which estimating from the data here given will drive 46 pairs 
of mill stones at the upper fall, and 28 pairs at the lower fall ; in all 74 
pairs, or other machinery equivalent thereto. 

Machinery at the upper site will be the more valuable, inasmuch as 
it will not be interrupted by high water, and is approachable by canal 
boats. For this reason the upper power has been made the greater 
in the division of the fall. 

CENTRAL CANAL— SOUTHERN DIVISION. 

Laborers have been less abundant on this division, especially during 
the spring and summer, than on most other lines in the state. The 
operations of contractors were much hindered during the early part of 
the season by the accumulation of water on the surface of the ground, 
the face of the country being remarkably level and the soil an imper- 
vious clay. Both these difficulties were in a great degree removed 
during the latter part of the season, and the work has consequently 
progressed with greater vigor. Four sections, embracing about two 
miles of hne having been completed and accepted, and several other 
sections require little more than trimming of the banks. According to 
the estimates of the Resident Engineer, work had been performed, 
from the commencement up to the 29th November, to the value of 
$100,543 while there remained to be performed labor to the amount of 
$143,627 to complete the jobs now under contract, giving |244,170 



211 

as the total estimated cost of these contracts. The average force em- 
ployed on this division has been equal in effect to 180 men. 

Judging from the progress heretofore made, it is supposed that the 
line will be completed from Pigeon Dam to Evansville, a distance of 
19 miles, by the summer of 1839. 

The report and tabular statements furnished by the resident Engi- 
neer will afford information more in detail in respect to this line. 

The Board are aware that the Pigeon feeder will not furnish a sup- 
ply of water during the dry months, and that this division of canal can 
be of but very little use, until the whole line shall be completed to the 
White river feeder in Greene county, a distance from the Ohio river of 
about 93 miles. This being the case I would recommend that when 
another letting may be ordered, it shall embrace the heavy jobs between 
the forks of VVhite river and the head of Pigeon, such as the two deep 
cuts on the Patoka and Pigeon summits, and the crossing of the valleys 
of the East Fork and Patoka, together with other heavy embankments, 
leaving the lighter work to be put under contract at a subsequent pe- 
riod. The jobs here named will be very expensive and may require 
greater length of time, by twelve or eighteen months, than is usually air 
lowed for the completion of ordinary work. 

CROSS-CUT CANAL. 

The operations at the Feeder Dam across Eel river, which is per- 
haps the most important, as well as the most difficult undertaking con- 
nected with this line, have been so frequently interrupted by sudden 
freshets, to which this stream is peculiarly subject, that less progress 
has been made in its construction, than might have been expected. It 
is believed, however, that the Resident Engineer, who has taken im- 
mediate charge of the work, has evinced a praiseworthy zeal in its 
prosecution, and that the contractor has likewise made every reasona- 
ble exertion to forward it. Both abutments after much difficulty have 
been securely founded and raised above low water mark, and a large 
portion of the materials delivered for the body of the dam. Great ef- 
forts should be made to complete this dam next season. If the sum- 
mer be favorable it may be accomplished. 

The excavation of the deep cut at the summit has been prosecuted 
with much zeal and energy and will no doubt be completed by the 
present contractors in due season. 

Only two of the locks on this line are under contract. Some pro- 
gress has been made in quarrying and cutting stone for these locks, 
though no masonry has yet been laid. The stone are of a durable 
quality and will form substantial masonry, though the cost of quarry- 
ing and dressing will be great. 

One section, half a mile in length, has been completed and several 
others are very nearly finished. Seven sections were abandoned by 
those to whom they were first assigned, and have been re-let (except 
one section) at advanced prices. 

The average effective force employed during the season, has been 



212 

equal to 298 men. The aggregate monthly estimates of work per- 
formed up to 30th November last, amounts to $86,995. The Resi- 
dent Engineer estimates that the sum of ^^l-ljSGl will finish all ex- 
isting contracts if completed at present prices, which added to the a- 
mount of estimates already made, gives $301,356 as the total cost of 
the work heretofore placed under contract on this line exclusive of the 
cost of superintendence. 

The construction of this division will create a valuable water pow- 
er at Terre-Haute, for the use of which it will be the interest of the 
State to provide. The fall from surface to low water of the Wabash, 
has been ascertained to be 46 feet. There will probably be no surplus 
water at this point at extreme low water, but as that stage conti- 
nues but a very short period in Eel river, it is believed that the power 
will justify the investment of capital. Deducting six weeks for extreme 
low water, it is believed that 3000 cubic feet per minute may be deli- 
vered at Terre-Haute, for tlie remainder of the year, which if propor- 
ly applied on overshot wheels, with the fall here stated, will drive 37 
pairs of 4 1-2 feet mill stones. 

The report of the Resident Engineer, which will be submitted to the 
board, will give further details in relation to the progress of this line. 

JMADISON AND LAFAYETTE RAIL ROAD. 

In the month of September last it became the duty of the under- 
signed, in obedience to the order of the Board of Internal Improve- 
ments, to extend his general supervision to the rail roads and M'Ad- 
amized roads of the State, which up to that time had been restricted 
to the canala. As (he location and plans of these works had been pre- 
viously determined, so far as the lines arc now in progress, it did not 
become necessary for me to offer any advice in relation to these parti- 
culars, and the examinations which I have made, have therefore been 
confined to a mere inspection of the style and manner in which the 
mechanical work was being performed. And it is proper for me here 
to acknowledge Ihe willingness and promptitude with which every ne- 
cessary explanation in regard to the location and plans of the work, 
was given by the Resident Engineers on the roads, during my first visit 
t<) the lines under their charge. 

There are some particulars in respect to the location of this road, 
and the plans of the work, not given in former reports, to which I will 
briefly advert, supposing this to be a matter of some interest, especially 
to those members of the Board not immediately in charge of this im- 
provement. 

Among the circumstances connected with the location of a rail road, 
calculated to affect its usefulness, the grade and horizontal curvature 
are most essential. In proportion as high grades can be avoided in the 
profile of the road, the transportation in each direction being nearly 
the same, and the horizontal position made to approximate a direct line, 
will the power and efficiency of the road be increased, other circum- 
stances being the same. The propriety of reduced grades and curva- 



213 

ture has become so manifest from the experience of the country, espe- 
cially where the use of the locomotive Engine is contemplated, that in 
alllocations recently made on important routes, much greater expense 
has been encountered for the purpose of effecting these objects, than 
was formerly supposed necessary or judicious. This may account in 
part for the increased cost of many rail roads now in progress, beyong 
what had previously been supposed necessary. To preserve a proper 
medium in the location, between cheapness of construction as an ob- 
ject of importance on the one hand, and the capacity and efficiency of 
the road when finished, on (he other, is a point which must always re- 
quire the exercise of a sound discretion and an enlightened judgment. 

A table embracing much information in relation to the grades and 
curvature of this road, so far as the same is now under contract, has 
been furnished me by Mr. Beckwith the Resident Engineer, and is ap- 
pended to this report for the examination of the Board, and marked 
No. I. 

By an inspection of this table, it will be perceived that of the road 
now in progress, 22 1-7 miles nearly, leaving the inclined plane out of 
view, a distance of 2 1-5 miles has been laid upon a perfect level, that 
5 1-6 miles of the remaining distance have a grade not exceeding 10 
feet per mile, that 3 3- 10 miles have a grade over 10 and not exceed- 
ing 20 feet per mile, that 4 3 10 miles have a grade over 20 and not 
exceeding 30 feet per mile, and that the remaining distance, 7 1-5 miles 
has a grade over 30 but not exceeding 40 feet per mile, this being the 
maximum inclination allowed on the road. 

In respect to the horizonal curvature, it will be seen also, by the 
same table,that about I 8 4-5 miles of this road exclusive of the inclined 
plane, have been laid upon a direct line; that of the remaining dis- 
tance, 3-10 of a mile nearly, have a curvature drawn with a radius 
varying from infinity to 5,730 feet — that 2-7 of a mile of the curved 
line has been laid with a radius varying from 5,730 feet to 2,865 feet 
— that 9-10 of a mile have a curvature formed by a radius from 2,8G5 
to 1910 feet, and the remaining distance of 1 4-5 miles have a radius 
of curvature varying from 1910 feet to 1146 feet, which is the shcrteat 
curvature admitted on any part of the road. 

The inclined plane at Madison is 7,012 feet in length (1 1-3 miles 
nearly) and overcomes an elevation of 413 feet, rising at (he rate of 
5.90 feet per hundred feet. Its direction is perfectly straight, admit- 
ting of the application of stationary steam power, which in reference 
to the future is doubtless proper, though the period is believed to be 
remote, when resort to this kind of power will be necessary. At the 
commencement of business, however, it is designed to use horse pow- 
er, from the commencement of the road in Madison to the head of this 
plane, a distance of 2i miles nearly. 

The inconvenience of the use of the road resulting from this plane 
will be much less than if situated on any other part of the road than 
atone extreme. At the extreme of a town of any considerable size 
it is customary to use horse power, leaving the locomotive engine at 
the contiguous depot. 



f 214 

The character of the country over which this division of the road 
passes, was so fully and so aptly described in the report of Mr. Peitit, 
made last year, that any thing further on this point is unnecessary. 
Suffice it therefore to remark, that the road passes at right angles to 
the drainage of this section of the State, and that the numerous bran- 
ches of the Muskakatack into which the drainage is collected, taking 
their rise above the line, have worn deep channels into the plain of the 
country, presenting great unevenness in its profile. Over a surface 
like this, grades suitable for a rail road cannot be obtained without 
considerable expense. 

Commencing at the south end of the line, the first valley encountered 
of much consequence is that of Middle Fork, which is crossed by a 
bridge of two spans, each 150 feet in the clear, the pier being 67 feet 
high to the road way, and the abutments which are placed out of the 
bed of the stream and on the adjoining slope, averaging 33 feet in 
height. The next is Big creek, which is crossed by a structure simi- 
lar to that just described, the piers being 66 feet and the abutments 
averaging 35 feet in height. The valley of Graham's Fork is the 
next obstruction of this kind, which has been crossed by three spans of 
150 feet each, the height of the piers being 80 feet and the abutments 
34 feet. Next in order are North and South Forks of the Muskaka- 
tack which unite at Vernon, and are crossed just above their junction 
by two bridges, each with two spans of 150 feet in the clear. The 
piers of each of these bridges are 57 feet high, and the abutments ave- 
rage 45 feet in height. 

It should be remarked here that the great length of these bridges 
seems to have been given rather to save the expense of very high em- 
bankment, than for the purpose of passing the streams, they being 
quite small in comparison with the length of the structure. Adjoin- 
ing each of these abutments there are high embankments, though not 
of great length, the deep part of the valley being narrow, and the 
descent towards the streams abrupt. 

The abutments and piers of these bridges, as far as they have pro- 
gressed, have been formed of substantial stone masonry of the style 
commonly denominated "rock work." The beds and end joints of the 
stone being truly cut, and the faces left rough as they come from the 
quarry. Fine quarries of limestone are found immediately at the site 
of each of these bridges. The character of the masonry generally is 
such, as will answer well the purposes for which it was designed. 
The plan of superstructure adopted for these bridges, consists of three 
truss frames for each span of 150 feet, composed of king posts and 
braces, aided by a double set of ribs, the whole so arranged that the 
roadway will be carried over the top instead of through the interior, 
as in ordinary bridges. The sides will be weatherboarded, and the 
upper surface calked and pitched so as to be rendered impervious to 
water. 

The cost of grading on this portion of the route has been increased 
on account of the rock which forms the substratum of the country, and 
which is met with the excavation of many of the ridces. where the 



215 

culling is deep. The expensive character of this division of the road 
however is given to it chiefly by the great cost of covering the bill, 
which skirts this portion of the Ohio river, as stated in the report of 
Mr. Pettit. The ravine selected as the route of the road is irregular 
in its direction and formation, presenting several spurs, projecting from 
the main hill with depressions between them. In order to maintain 
the proper grade of the inclined plane, and at the same time preserve 
its straight direction, so as to admit of the use of stationary power, it 
becomes necessary to cut through these projecting spurs, which are 
composed generally of rock, using the material excavated, in form- 
ing heavy embankments across the intermediate ravines. For this pur- 
pose temporary railways are laid on the road bed, on which the mate- 
rial excavated is carried in the descending direction into the embank- 
ments, with great facility by its own gravity alone. The4epth of cut- 
ting required through the highest point is 1 17 feet, which however de- 
scends very rapidly to the level of the roadway, making the whole 
length of extra cutting only 700 feet. At the time of letting, the idea 
of tunneling through this ridge was entertained, but the ultimate de- 
cision was in favor of an open cut — the adjoining embankment requi- 
ring all the material which such a cut will furnish. Another project- 
ing point, similar to the onejust described, is cut through to the depth 
of 76 feet on the summit, which is also very short. At the foot of the 
hill, the valley of Crooked creek is crossed by an embankment of 76 
feet high and 500 feet in length. 

The construction of this road, so far as under contract, has been 
prosecuted with great vigor. The average force ol operatives em- 
ployed during the season has equalled in effect the labor of 1400 men. 
Portions of the grading, amounting in all to 15 miles, have been com- 
pleted. Of the five most important bridges, the masonry of two has 
been raised to the chord line, and of three others to the springing of 
the arch. The masonry of the other bridges is well advanced, and con- 
siderable progress has been made with the superstructures of the 
bridges. Of the culverts all excepting one are finished. 

The total value of work performed up to the 27th Nov. last amounts 
to $394,76.5, and the labor which remains to be done to prepare the 
road for the track, at contract prices, amounts to $338,092, according 
to the estimates of the resident Engineer. Adding these sums togeth- 
er we have $732,857 as the total cost of grading and bridging on the 
first 23 2-5 miles of the road at the prices fixed in the present con- 
tracts. This statement includes one and a half miles of road, not un- 
der contract at the date of last year's report. In addition to the gra- 
ding and bridging, as here given, contracts have recently been enter- 
ed into for the delivering of the timber for a single track on about 21 
miles of road which amounts in the aggregate to the sum of $38,605 
upon which nothing has yet been estimated. The width of the road 
bed as estimated is 24 feet, being intended for a double track. From 
the progress already made, it is supposed the formation of the roadway 
may be completed, a single track laid down, and the passage of cars 



216 

from the head of the plane to Vernon, commenced before the nest an- 
nual meeiing of the Board. 

The plan of superstructure adopted for this road may be briefly de- 
scribed as follows: Two longitudinal bearing timbers 8 inches thick 
and 10 or 12 inches in width are laid down, one under each rail, in 
trenches prepared for that purpose and adjusted to the proper level. 
Across these bearing timbers a distance of 3 feet apart from centre to 
centre, sleepers 6 inches deep by 8 inches wide, are placed and firmly 
secured to the bearing timbers in suitable notches with the necessa- 
ry fastenings. Across these sleepers and immediately over the bear- 
ing timbers, the iron rails are placed and secured in cast iron chairs, 
at the joinings, which complete the track. The rail which has been 
selected by the acting commissioner is the malleable iron edge rail of 
the T form, its greatest depth being M inches, and its weight 45 lbs. 
per yard in length of single rail, giving 75* tons, including fastenings, 
&c. as the weight of iron required for one mile of single track with 
the necessary turnouts. 

It will be perceived that in this plan of superstructure, while the 
advantage of a timber foundation in giving stability to the track by its 
continuous bearing is secured, the amount of timber exposed to rapid 
decay is comparatively small. This is considered an object of much 
importance in this country, where no timber can be procured more du- 
rable than white oak. The bearing timbers being covered with earth, 
to the depth of 3 or 4 inches, will be preserved longer than if on the 
surface. The cross sleepers will require renewal probably once in six 
years, which can be done without removing much earth. 

The first cost of the track might have been considerably diminish- 
ed by adopting the flat bar rail resting upon a wooden string piece. 
A track of this description, however in comparrison with the edge 
rail forms but an imperfect road, requiring more expensive repairs, and 
the propriety of adopting it on improvements constructed by the state, 
may well by questioned. The great object sought to be accomplished 
by the construction of a railway is the formation oi a. perfectly uniform, 
hard, straight, and inflexible surface for the passage of the wheel. The 
edge rail of the form which has been adopted, approximates much 
more nearly the result arrived at than the flat bar. 

This improvement has evidently been commenced on the most ex- 
pensive portion. A glance at the map of the state will show, that while 
the southern portion of the road runs transversely to the valley and 
ridges of the country, as before described, the remainder of the route, 
for much of its extent corresponds in its direction with these valleys, 
which circumstance will reduce materially the cost of grading. It is 
confidently expected, that in the extension oftheroad, especially from 
Columbus tolndianapolis, important reductions in their ratio of grades, 
as well as a diminution of cost will be realized. 

When the road shall have been completed from the head of the 
plane to the last named place, if carried out upon the same substantial 
plan, upon which it has been begun, it will compare favorably with 



217 

most of the important roads in the country in respect to its efficiency^ 
and the celerity of conveyance that may be attained. 

The location and plans of the road have all been adapted to the ex- 
clusive use of steam as the motive power, north of the inclined plane. 
Of the propriety of this there can be no doubt. The cost of the horse 
path is thereby saved, the delay and confusion arising from the simul- 
taneous use of both steam and hori«e power will be avoided, the char- 
acter of the road elevated, by the greater despatch in (he conveyance 
of passengers, and as a necessary consequence its usefulness and pro- 
fits increased. 

A report from the Resident Engineer, accompanied by tabular state- 
ments, containing much interesting detail in relation to the progress of 
this work, is herewith submitted to the Board. 

NEW ALBANY AND VINCENNES M'ADAMIZED ROAD. 

In the month of October List I passed over this road from Paoli to 
(he Ohio river, accompanied by the Resident Engineer, (o whom I am 
indebted for much of the data upon which the following brief state- 
ment is based. 

The aggregate amount of force engaged on the road from the Ohio 
river to Paoli has been equal in effect to 1115 men. The grading is 
well advanced, twenty mi !es having been completed, and made ready for 
the metal. The west abutment of Blue river bridge has been raised 
nearly to its full height. The east abutment has not yet been foun- 
ded. The masonry of Big Indian creek has been completed in a 
style which is creditable to the buildtr. Both the masonry and the 
wooden superstruclure of several smaller bridges have been comple- 
ted. 

The total value of work performed on this division, up to the "ZSnd 
November last, according to the estimates of the Resident Engineer,is 
n7,39y dollars, and the amount required to complete the contracts, is 
67,611 dollars, giving 245,010 dollars as the total cost of grading and 
briging on this division, exclujive of the cost of superintendence. 

In the grading of this road, much care appears to have been exer- 
cised m providing ample side ditches to secure the proper drainage of 
the road bed, and the whole of the work, as far as it has progressed, 
seems to have been performed in a neat and creditable manner. The 
masonry generally is similar in its style to that on the Madison roid, 
and with few exceptions appears to be substantial. 

The largest streams intersected by the road are Blue River and Big 
Indian Creek, the former of which is crossed with a single span of 120 
feet, and the latter with a span of 80 feet. The abutments in both 
cases are composed ofsubstHntial n.asonry,and the wooden superstruc- 
ture coJistrucled upon the ^Hrr principle. Besides these, there are 
several sfreanisof a smaller class, the larger of which are crossed by 
covered bridges wiih 40 fet span, of a simple construction, while oth- 
ers are passed with open bridges of 20 feet span, all resting on perma- 
nent stone abutments. 
28 



218 

In the place of these bridges of the smaller class, I have advised, fof 
future operations, the construction of permanent arched culverts from 
10 to 20 feet chord, formed of coursed rubble masonry. With prop- 
er economy in the arrangement of the plan, the quantify of masonry 
in these culverts, may be so far reduced, that their cost will probably 
riot exceed that of the perishable structures just described. The ar- 
ches should generally be semicircular, without abutments, this being 
the form of structure which will afford a given sectional area for the 
passage of the stream, with the least possible quantity of masonry. An 
arch of this description, under an ordinary embankment, does not re- 
quire to be loaded with backing, its variation from the equilibriated 
curve under the pressure of the sui erincumbent mass, being so incon- 
siderable as to produce no practical evil. Where the stream affords 
water in dry seasons, sufficient to preserve such a foundation, the arch 
should spring from a timber philform, extending entirely across the 
span. Over streams that become entirely dry, the arch should spring 
from a foundation of broad flagstones, with a pavement under the vault 
to guard against the strong current. 

I may remark heie that I have recommended the same method o^ 
construction for similar streams on the other roads of the state as a sub- 
stitute for the more expensive plans with heavy abutments, which have 
very generallv been adopted on the public works of the couritry. The 
plan is the same upon which all arches under 30 feet chord have been 
constructed on the canals ol this State as well as those of Ohio. 

The principal obstruction to the formation of a road with suitable 
grades, on this route, as well as on the Madison road, is presented in 
the elevated country which bounds the Ohio valley. The high range 
ofhiils, generally termed ^''the knohs^'' which commences near the mouth 
of Silver creek and stretches westwardly, defining the immediate val- 
ley of the river, on the north, is found to be, where the road crosses it, 
about 450 feet above high water mark at New Albany. To pass this 
obstruction, even with the highest ratio of grade admissible on a turn- 
pike road, will necessarily be expensive. After crossing this range 
of hill?, the road thence to Paoli passes over a coutitry generally undu- 
lating, and in some places quite hilly, abounding every where with 
quarries of excellent limestone, suitable either for the masonry of the 
bridges and culverts, or for the metalling of the road. 

By a statement of the grades which have been established for this 
road, furnished me by the Resident Engmeer, it appears that of the 
41i miles east of Paoli, 29i miles ncarl}, have a grade varying from 
the horrizontal line to 2 degrees inclination, that of ihe remainder 3 1-3 
miles have been laid with a grade of 2i degrees, that 1 1-3 miles have 
a grade of 3 degrees, and that the remaining 7 1-4 miles have a grade 
of 3 1-2 degrees, wliich it appears is the maximum adopted for this 
road. 

The ganeral course of the road is remarkably direct considering the 
character of the country. Except in one instance, there is uo curve 
of a less radius than COO feet. 

I have not had an opportunity of examining that portion of the route 



219 

extending fronn Paoli to Vincennes. The acting commissioner has 
however, made a survey of this part of the road, and will be able to 
communicate to other members of the Board, any information which 
they may desire in respect to the adaptation of the country, to the 
construction of a M'Adamized road. 

The proper location of a M'Adamized road, though it may allow 
greater latitude, and is certainly less complicated in its details than 
the location of a rail road or canal, is nevertheless a subject well wor- 
thy the attention of the engineer, and which demands, at his hands, in 
every instance, a thorough invesiigalion. The topography of the coun- 
try, especially if hilly, should be fully understood, and the different 
routes which may otier, should be carefully surveyed and estimated so 
that a just comparison may be instituted between them in respect 
to their cost, their length, and the grades of which the ground will 
allow. 

The importance of reducing the grades, as much as the surface of 
the country will allow, must be obvious. The objections to extreme 
grades, are in their nature, if not in degree, the same as are urged 
against high grades on rail roads, inasmuch as the objections in both 
cases are founded on the same fixed mechanical principles. A high 
grade, accruing only at a few points, must ordinarily limit the load of 
the teams throughout the whole extent of the road, which must in- 
crease the cost of transportation. Beside this, it should be recollected 
that heavliy loaded wagons, in descending a grade exceeding 2i or 3 
degrees, will generally pass with a wheel locked which very seen must 
injure the metal covering. 

There is an essential difTerence between a Rail Road and 'a Turn* 
pike in respect to the necessity of avoiding horizontal curvature. The 
velocity attainable on a turnpike being so much less than is common on 
Rail Roads, curvature, except it be very abrupt, causes no essental in- 
convenience. With this latitude in respect to the horizontal position 
of the road, allowing the frequent change of direction, it will general- 
ly be found practicable even in an undulating country, to limit the 
grades to 2 or 2i degrees by winding around the hills, rather than going 
directly over them. The increase of distance caused by the circuit- 
ous location, if kept within reasonable limits, would be an inconsidera- 
ble evil in comparison with the inconvenience of high grades. Ad- 
mitting for illustration that in reducing the grade on any short portion 
of road, from 3i to 2 degrees, the dist mcc be increased by the more 
circuitous location, 5 or even 10 percent, it is believed that the value 
of the road would be enhanced by the cJiange. Any animal, whether 
traveling singly or drawing a given load, if required to make the trip 
in a given time, will be less exhausted, if he follow the more circuitous 
route on the lower grade. 

Impressed with the importance of tills subject and the correcfness 
of the views here given, I would respectfully recommend to the Board, 
the propriety of further examinations on that part of the road not yet 
placed under contract, with a view to reducing the grades as far a| 
may be found practicable, without any material increase of cos^t. 



230 

If the Board should authorize a re-survey to be made by the Engi- 
neers of certain portions of the route west of Paoli, it is quite proba- 
ble that the grades might in some instances be reduced, and the acting 
commissioner after the reports and comparisons of such survey were 
submitted to him, would have before him data, from which he could 
determine the location more understandingly. It will be perceived 
that I do not purpose to reduce the grades of the road by adding to 
its cost, but rather by ^^ninding the hills''^ and increasing slightly the 
distance. 

Should the Board determine to commence the metaling of this road, 
the propriety of first letting out short portions adjoining the towns of 
New Albany, Greenville and Paoli is respectfully suggested. By this 
course the contractors and citizens along the road, most of whom are 
probably unacquainted vyith this branch of the construction, would 
become familiar with its value, competition at subsequent lettings 
would thus be induced, and the cost of metaling consequently dimin- 
ished. I herewith present to the Board a report from Mr. Frazer, the 
Resident Engineer on the road, containing much detail in regard to 
the progress of the work, together with seme important suggestions in 
respect to the location and construction, to all of which I beg leave to 
refer. 

JEFFERSONVILLE AND CRAWFORDSVILLE ROAD. - 

The re-examination of the route of this road, with a view to ascer- 
tain the cost of a rail road, and the adaptation of the ground to that 
kind of improvement, which was ordered by the Board at their last 
meeting, has been delayed in consequence of the ditficulty of obtaining 
the services of Engineers of experience and acknowledged ability. I 
have now the satisfaction of stating that Sylvester Welch, of Kentucky, 
and Samuel Forrer, of Ohio, have consented to join me in this exami- 
nation, and that a report upon this subject will probably be submitted 
to the Board in the course of a (ew weeks. 

In consequence of the engagements of the Resident Engineer, on 
other parts of this route, I have received no specitic information in re- 
lation to the progress of the work under contract between Jefferson- 
Yille and New Albany. 

PRELIMINARY SURVEYS. 

By an order of the Board, adopted January last, the Principal En- 
gineer was directed to organize an exploring and locating party, to be 
employed in advance of the contracts, in making such preliminary sur- 
veys of the several canal routes, as might be deemed necessary to their 
proper final location, commencing with the Central Canal. In fulfil- 
ment of this order, such party was organized and placed in the field 
early in March last, under the immediate charge of Mr. S. Holman, in 
whose judgment and qualifications for this service the fullest confi- 
dence may be felt. Previous to the commencement of the survey, 



221 

I made a reconnoisance of the whole roule from Martinsville to the 
head of Pigeon, from which, together wilh important aid derived from 
the report of Mr. Cleveland who surveyed this route in 1835, the 
general outline of the loc;ition was determined and communicated to 
the Engineer in charge by a letter of instructions. In presendnga re- 
port of this examination, I propose to describe first, that portion of 
the roijte lying south of the lower White rivei' feeder, which forms 
properly the 

Southern Division of (he Central Canal. 

The southern division of this canal in many of its characteristics, 
differs from ordinary locations. An engineer charged with its final lo- 
cation, and the adjustment of the various plans connected with it, can 
not but feel that he has assumd a responsible duty. The fact that the 
supply of water for the entire division, 93 miles in length, must du- 
ring the dry months, be received from one source, and introduced 
wholly at one extreme of the line, together with the necessity of con- 
ducting this supply, for a portion of the distance by a route at right an- 
gles to the drainage of the country, passing the valleys by high embank- 
ments and the intermediate tidges by deep cuttings, are circumstances, 
which though they do not affect the practicability of the work, must 
increase its cost, and will call fjr unusual care and precision in arran- 
ging the levels and plans of the canal. 

The supply of water for this line being the most important inquiry 
connected with the subject, first claimed attention. The whole extent 
of country lying between White river and the Ohio, and which is 
drained by the Patoka and Pigeon rivers, has a clay soil, resting in ma- 
ny parts upon a sandstone basis. From such a surface, the water 
which falls, during the lainy seasons, instead of passing by filtration in- 
to the earth, and there forming reservoirs for the supply of springs and 
durable streams during the dry seasons, as is the case in gravelly or 
sandy soils, flows at once into the streams, and is immediately car- 
ried ofT in the form of floods. As the natural consequence of such a 
process, the streams of this section of country are found to rise to a 
great height during wet weather, while in the dry months of August 
and September they are reduced to mere rivulets. It is very evident 
therefore that a supply of water for this portion of canal cannot be 
collected from the region of country through which it passed, except 
it be by the construction of extensive reservoirs, as the only reliance 
during the dry season — a method of supplying canals which cannot be 
recommended, when durable streams are available at any reasonable 
cost. 1 he supply of water for the line south of White river must 
therefore be brought from the West fork of that stream, at a point 
where it is sufficiently elevated to command the table lands between 
White river and Patoka. 

The point selected for the introduction of this feeder is half a mile 
below the village of Newberry, near the south line of Greene county, 



2-2-2 

and 93 miles and 16 chains from the termination of the canal at Evans- 
ville, being the same point recommended by Mr. Cleveland. The ri- 
ver several miles below this point, is high enough to command the sum- 
mit, but to receive the feeder further dovs^n, would take the canal out 
of the proper direction and increase iis cost, in consequence of the 
great western bend made in this portion of the stream. 

Hiving determined the point from which the water must be taken, 
and ascertained the length of line to be supplied from this point, the 
next subject of inquiry presented was the requisite size for the upper 
part of the canal, and the rate of inciinalinn, which should be given 
to the bottom in order to pass forward a sufficient quantity of water 
without creating a current which would too much impede the ascend- 
ing navigation. To accomplish this object, and to secure at the same 
time an uniform depth of water throughout the whole extent of the 
long levels, which occur in the central portion of the line, will require 
that in the construction of the work, the sectional area of the canal, 
and the descent in the bottom should be nicely adjusted to the quanti- 
ty of water to be passed. For the present survey and estimate it was 
deemed sufficiently accurate to assume one inch per mile, as the de- 
scent for the canal from the feeder to the south end of Pigeon deep 
cut. From (he feeder to the lock near Maysville, a distance of 20 
miles and 17 chains, the dimensions of the canal were enlarged so as 
to give 5 feet depth of water, 43.50 feet width at surface, and 26 feet 
width at bottom, giving a sectional area of 173.75 feet. Thence to 
the south end of the Aqueduct over the East Fork, a distance of 11 
miles and 68 chains, the depth of water has been fixed at 4| feet, the 
width at surface 41.75 feet, and the width at bottom 26 feet, the sec- 
tional area being 152.43 feet. South of the aqueduct the canal has 
been estimated of the ordinary dimensions, with a sectional area of 1 33 
feet. 

If 9000 cubic feet of water per minute be introduced at the feeder 
and passed through the canal with these dimensions, the velocity will 
not exceed fivueighths of a mile per hour at any point. This veloci- 
ty, however, will be diminished on many portions of the line by (he en- 
largement of its dimensions beyond the minimum size, reducing the 
average current probably below half a mile per hour. As the heavi- 
est transportation will be in the direction of the current, such a veloci- 
ty as this cannot be considered objeciional. 

The quantity of water required to supply the leakage and evapora- 
tion on the whole line (the soil being unusually impervious to water) 
may be estimated at 7,500 cubic feet per minute, leaving a considera- 
ble surplus for hydraulic purposes, on the bank of the Ohio. The a- 
mount of water power at each lock on this line, especially towards the 
upper end, must also be great. The whole volume of water necessary 
for the supply' of the lower part of the line, in passing from the upper 
to the lower level, may as well descend over a water wheel as in any 
other manner. 

Where the supply of water for so grent a length of line is brought 
wholly from one extreme, it will be found more difficult to keep up a 



'22^ 

regular and uniform depth of water on every part of the line, than if 
feeders were introduced at several points. A deficiency of water on 
the lower levels of the division, which mny often occur from some ac- 
cidenlel interruption, cannot he so spr-edily remedied, as on ordinary 
lines, inasmuch as sometime mu?t ehipse before the additional supply 
can be passed forward from so remote a source. The same inconve- 
nience, but in a greater degree, will be felt after the canal may have 
become emptied by the occurrence of a bieach, a contingency to 
which all are liable. To guard against this inconvenience as far as 
may be practicable, it is proposed to construct, in connexion with the 
canal, at some part near the centre of the division, a regulating reser- 
voir, into which the surplus water which may at times l)e past through 
the canal, will flow, and from which it may be drawn out in smnll 
quantities for the supply of the lower part of the line as the contin- 
gencies alluded to may make necessary. 

A suitable situation for a small reservior has been selected in the 
valley of Flat creek on the north side of Patoka. An embntikment 
across this valley near its junction with the Patoka, 22 chains in 
length and 16 feet in height will form a reservoir 2 miles long with an 
average width of 15 chains, covering when full about 208 acres, and 
containing 55,221,000 cubic feet of available water, which would be 
nearly sufficient to till the whole line of the canal south of this point 
twice; or it would be adequate to furnish the whole supply of the ca- 
nal from this point to the Ohio for twelve or fifteen dajs, should the 
supply from White river by any cause be wholly cut off for so long a 
lime* The canal will be located along the west side of Flat creek 
valley, the lowing path forming the western boundary of the reservoir 
throughout its whole length, and the top water line of the canal cor- 
respondmg with the surface of the reservoir when full. A lock at the 
lower end of the reservoir of 7 feet lift, will be dropped, making it 
available to the depth of seven feet for the supply of the line south 
of this point. The surplus water of the canal will be passed in the 
reservoir by a series of gates placed in the towing path, which can be 
closed, in case of a breach in the reservoir bank, so as to prevent the 
draining of the canal. It is supposed that the winter and spring floods 
of Flat creek will be sufficient to fill the reservoir, requiring from the 
canal only enough to supply the loss by evaporation and leakage du- 
ring the summer. But should this expectation fail, the canal may be 
drawn u[)on during the spring months to make up the deficiency. The 
reservoir may be filled from tlie canal alone, independent of the floods 
of Fht creek, in the space of 26 days. 

The proper adjustment of the levels on the e:cpensive portion of the 
route lying south of White river, with a view to the cheapest and sa- 
fest canal, was made a subject of investigation. The ridge which di- 
vides the waters of White river from those of Patoka, which has been 
designated as the Patoka summit, and the ridge on the south side of 
Patoka separating the waters of that stream from those of Pigeon, 
which will be termed the Pigeon summit, crossing the route of the 
caoal as they do at right angles (o its course, may be ranked among 



the principal barriers to its construcHon. A line of levels was tan 
along the summit of both these ridges for 6 or 8 miles, both east and 
west, from the former survey, but no point was found so much depres- 
ged as ihc gups selected by Mr. Cleveland. The point of crossing 
those ridges was tlierefore determined. Shafts were then sunk at se- 
veral points (o ihe depth of 30 feet, in order to ascertain the character 
of the material to be removed. At the Patoka summit after passing 
through clay of the usual kind, solid sand stone was found, at the 
depth of 15 feet beiow the surface of the ground, at the highest pointy 
declining gradually in each direction from the summit. At the Pigeon 
summit no rock was found, the whole of the material to be rennoveil 
being common clay. 

The wide valley of the East Fork, lying north of the Patoka sutil- 
mit, and having to be crossed by the canal on an expensive embank- 
ment, before it reaches Ihe summit, limits the height to which this le- 
vel may be raised. In adjusting (he level for this summit, so as to give 
the cheapest canal, estimates were made upon several plans, and criti- 
cal comparrisons instituted. From this it appeared that the proper 
level for the Patoka summit would be that which would give 31.60 feet 
cutting on the ridge and 16.80 feet as the average height of embank- 
ment across the East Fork valley. This level is 7 feet higher than 
that recommended by Mr. Cleveland. 

The Patoka valley, which must be crofsed by the canal before it 
reaches the Pigeon summit, limits in like manner the elevation, to 
which the level can be raised through the deep cutting of this ridge. 
By a comparative estimate instituted between different elevations for 
this level, embracing the deep cut as well as the high embankment at 
Patoka and other valleys, it was ascertained that the excavation and 
embankment would be nearly equalized and the cheapest canal obtain- 
ed by adopting a level for this summit, which would give 30 feet cut- 
ting at the highest point, and 18 feet as the height of the embankment 
in the Patoka valley. This level is 7 feet lower than that adopted for 
the Patoka summit, requiring a lock between the two deep cuts, which 
accords with the recommendation of Mr. Cleveland. 

The plan of the canal on this division, and the general principles by 
which the location should be guided, having been thus established, the 
immediate execution of this plan, and the detals of the survey and esti- 
mates were confided to the locating Engineer, upon whose report to 
me, the following description of the line as well as the estimates of the 
cost are predicate.!. 

Iti these surveys Ihe Engineer arled under the advice and direction 
of Mr. Graham, the Ac li^g Ci>mmi.ssinner, from whose previous knowl- 
edge of (he country much aid was derived. 

The White river feeder dam at the hpad of this division will be 400 
feel long and 12 feet hitjh from low water. The bed of the river for 
two thirds the di«tanre from the east side is composed of S'Oid rock, and 
it is suj)posed the rock may be found at no great depth under ihe grav- 
el for the remaining distance. The feeder from this dam will be 4 chains 
in length. A guard lock will be constructed in the feeder, through 



225 

which canal boats may pass into the pool of the dam; thus extending 
the advantage of canal navigation to both sides of the river above this 
point. 

Ninety-five chains below this feeder the line crosses Stinkard's creek. 
As the highest flooda of the river at this point will be eleven feet above 
bottom of canal, it would be very difficult to secure either an aqueduct 
or culvert against the upward pressure caused by the greater height of 
the water on the outside of the canal during these floods. A dam cros- 
sing with the necessary guard lock, was therefore deemed safest for 
this stream. 

From this point, after passing some deep cutting, a very cheap and 
safe location has been obtained through the Owl Prairie to Maysville, 
descending in this distance to the level of the East Fork aqueduct, by 
5 locks, overcoming in the aggregate 33 feet fall. Prairie creek is 
crossed on this division, by an aqueduct wilh 2 spans of 23 feet each. 

From Maysville to the north side of the East fork valley, a distance 
of seven miles, the line is located generally at tlie base of the hill, 
which rises abruptly. The surface from which the towing path will 
be raised, varies from two to 14 feet below bottom of canal. At three 
points, on this part of the line, the slope of the towing path will ex- 
tend into the river, requiring protection for 21 chains in the aggregate. 
Veal's creek is the only large stream crossed, which will be passed 
through a stone arch of 26 feet chord. The embankment across the 
valley of this creek will average about 10 feet high to bottom of canal, 
for 45 chains. 

The aqueduct over the East fork of While river will consist of 7 
spans of 48 feet each in the clear. It will be formed by a wooden 
trunk, resting on abutments and piers of cut stone masonry. The sur- 
face of low water is 36 feet, and the highest floods 12 feet below the 
bottom of canal. The south abutment and most of the piers, will be 
founded on solid rock. The embankment across this valley will ave- 
rage 16.80 feet in height to bottom of canal, for a distance of one mile 
and 62 chains, and will contain 852,921 cubic yards. 

After reaching the high ground on the south side of the East fork, 
the line turns abruptly down the river, following the course of the 
bluflT, for about 51 miles to the mouth of Pride's creek, the base of the 
towing path for this distance varying fro:n 3 to 15 feet below bottom. 
The last 13 chains of this blaflf is composed of sandstone and washed 
by White river. The canal at this point will be constructed by exca- 
vating its prism chiefly out of ihe rock, using the material thus obtain- 
ed, for the necessary protection. Near this point the line leaves the 
river nearly at right angles, following up the valley of Pride's creek 
by the town of Petersburgh, with a line generally of favorable charac- 
ter, to the deep cut at the Patoka summit. 

The length of this deep cut, from the north end where there is five 
feet cutting, to the same depth at the south end is one mile and 46 
chains; the greatest intermediate depth being 31.50 feet. The total 
quantity of material to be removed is 290,869 cubic yards, 61,902 yards 
of which is solid rock, and the remainder common earth. The char- 
29 



226 

acter of the rock appears to be friable unstratified sandstone. Its oc< 
^cufrence at this point while it will augment the first cost of the work, 
may materially diminish the cost of repairs by removing the liability to 
slips and deposites of earth, which are often the source of much ex- 
pense, as well as vexatious delay in the navigation. 

From the end of this deep cutting, the line follows down the west 
e\de of Flat creek, the towing path forming the western boundary of 
the regulating reservoir as before described. At the south end of this 
reservoir a lock of 7 feet lift is dropped, terminating the Patoka sum- 
mit level, which is maintained I'rom a point 3 miles above Maysville, 
to this place, a distance of 22 miles and 62 chains. 

The line soon after leaving this lock, bears down the Patoka valley, 
crossing that stream, immediately below the mouth of the south fork, 
on an aqueduct with three spans of 36 feet each, the trunk to be form- 
ed of timber and supported by stone abutments and piers. The sur- 
face of low water in the Patoka is supposed to be 35 feet and the high- 
est floods 17 feet below bottom of canal. The embankment across 
the valley will average 1 6.30 feet high to bottom of canal for a distance 
of 61 chains, requiring 303,454 cubic yards of earth. 

After crossing the Patoka, the line leaves the valley of that stream, 
and crossing several of its smaller tributaries, with heavy embank- 
ments, reaches the deep cutting at the Pigeon summit. The greatest 
4eplh of cutting at this point is 30 feet, and the whole length of the 
deep cut from the depth of 5 feet at the north end, to the same level on 
the south, is one mile and 70 chains. The aggregate quantity of earth 
to be removed is estimated at 309,902 cubic yards. 

At the south end of this deep cut, the survey was terminated after 
connecting with the location made last year by Mr. Voorhies. From 
this point to Evansville, a distance of 34 miles, the line is of the most 
favorable character, following the Pigeon valley. The Pigeon summit 
level extends from the lock north of the Patoka to the south end of this 
deep cut, a distance of 14 miles and 62 chains. 

It will be observed that the line here described crosses the Patoka 
about 3 miles further down the stream than the original survey, by 
which change a saving of distance has been effected of 4 miles and 13 
chains. By crossing below the mouth of the south fork, the em- 
bankment across that valley is saved, which is more than equivalent 
to the increased height of the Patoka embankment, this being only five 
feet. 

It is not presumed that the levels with which the line from Mays- 
ville to the head of Pigeon has been run, are certainly the best that 
can be adopted for this uneven country. The time allotted to the sur- 
vey, did not allow of those minute comparisons which the character of 
the line requires, and which will undoubtedly be made in preparing 
the line for contract. A more thorough acquaintance with the char- 
acter of the material in the deep cuts is necessary to the proper final 
decision of this question. 

In the prosecution of these surveys, it was believed to be an object 
of public as well as local interest, that the line should be so located as 



227 

td pass through the town of Washington, the seat of justice of Davieas 
county, and with this view several lines were examined and their pro- 
bable cost estimated. The most favorable route that could be found, 
passing near this village, was estimated to cost $ 1 36,545 more than tha 
Maysvilie line,. and would increase the distance about one mile and 
three quarters. 

The length and height of the embankment across the East fork val- 
ley, at the point where the original line crossed, suggested the proprie- 
ty of examining the valley at other points, with a hope of finding a 
more favorable crossing. About 4 miles above the former crossing, a 
point was discovered, where the embankment across the valley would 
cost less than at the lower crossing by the sum of $89,162. A line 
was then surveyed with a view to reach the upper crossing, diverging 
near the head of Owl Prairie, passing 2i miles east of Washington, td 
the south bank of the East fork. The country south of this point in a 
direction towards Petersburgh, was found so high as to present no 
practicable line for the canal. Hence this survey was confined to the 
valley of the Ea&t fork, following down the bluff which forms the south- 
ern boundary, intersecting the Maysville line about 17 chains below 
the point where it crosses the river. Three deep cuts of considerable 
magnitude are encountered through the ridges, which divide the seve- 
ral streams crossing the route north of the East fork. These, together 
with the high single bank required south of the river, swell the cost of 
this line so much as to overbalance the saving effected in the crossing 
of the East fork valley. From a careful estimate of both lines, the 
following results were ascertained, to wit: eastern line 30 miles 16 
chains in length, total cost $603,872 32. Western or Maysville line, 
25 miles and 62 chains in length, total cost, $535,565 16; showing a 
difference of 4 miles and 34 chains in length, and oi $68,307 16 in cost 
in favor of the western line. 

The route of the canal south of Greene county, is not well furnished 
with stone suitable for the mechanical structures, the formation being 
generally a friable sandstone, which disintegrates by exposure. Lime- 
stone is sometimes found, but in most instances of an imperfect char- 
acter. The locks between the White river feeder, and the head of 
Pigeon, 6 in number, are therefore estimated of timber. These, to- 
gether with three aqueduct trunks, and the abutments of one small 
aqueduct over Prairie creek, are all the structures of any consequence 
on the whole of this division, which are supposed to be perishable. 
The smaller class of streams are all crossed by means of submerged 
timber culverts, which are considered durable. This plan of placing 
the whole structure of the culvert below low water of the stream, was 
extensively adopted in the construction of the Wabash and Erie canal, 
and has answered well during the three years which have elapsed 
since parts of that canal have been in operation. Oak timber is very 
abundant on every part of the line, except for a short distance through 
Owrl Prairie, where it must be obtained probably three miles from the 
line. 



228 

The great height of the abutments and piers, at both the East fork 
and Patoka, makes it necessary that they should be formed of substan- 
tial masonry. These structures have been estimated accordingly. 
The stone for the East fork aqueduct will be brought by water from 
the fine limestone quarries which are said to abound along the banks 
of this river, perhaps 30 miles above the crossing. For the Patoka 
aqueduct, the estimate has been made upon the supposition, that stone 
suitable for backing, can be found in the valley of the South fork, near 
its junction with the main stream ; the face stone to be obtained up the 
East fork, and brought by water to some convenient landing on White 
river, nearest the work, from which they must be transported in wa- 
gons to the aqueduct, a distance probably of 8 miles. 

The estimated cost of the several sections on this division, with a 
description of the work on each, may be seen by the annexed abstract. 
The aggregate cost of the several portions of this line, including an 
addition of 7 per cent, to cover superintendence and contingencies 
may be stated as follows: 



From the White river Feeder, at Newberry, 

to Maysviile, 
Thence to couth end of deep cut at Patoka 

summit, 
Thence to end of present survey near the 

head of Pigeon, 

Total, 
To which add that portion of the Pigeon line 

not under contract, as surveyed last year 

by Mr. Voorhies, 
Add also the aggregate cost of the line under 

contract, at contract prices. 

Total length and cost of the Southern Division 
from White river feeder to Evansville, 



CD 
en 


o r 

=r o 
as n 

-• 9T 

S" cr? 

1 i° 


Cost. 


23 


3033 


$230,888 97 


20 






718,044 05 


15 


66 


7 


521,956 56 


59 


16 


40 


$1,470,889 58 


14 




37 


207,870 GO 


20 
93 


16 


15 

92 


244,170 00 


$1,922,929 58 



Average cost per mile $20,632 30 nearly. Average lockage per 
mile one foot nearly. 

Survey from the mouth of Eel River to the head of Southern Division. 

In commencing this examination at the mouth of Eel river, as was 
contemplated by the order of the Board, it appeared necessary to have 
some reference to the plan upon which the Crosscut and Central ca- 
nali would be brought together, and particularly to the level upon 



229 

which the intersection should be made. The examinations of last year 
on the Cross-Cut had shown that (he feeder proposed to be introduced 
from Eel river at Rawley's mill, would be insufficient to supply the ca- 
nal to the mouth of the stream, and that the expense of another dam 
and feeder below that point, must be incurred, if there be no other re- 
source than Eel river. With these facts in view, it seemed important 
to unite the two canals on a level as high as the character of the route 
would allow, in order that a considerable portion of the Cross-cut ca- 
nal, by continuing the level of the intersection up the valley of Eel 
river as far as practicable, might receive its supply of water from 
White river, through the central canal. A further saving of expense 
will be eflfected by uniting the canals on a high level in the item of lock- 
age. With a view to these objects, and in order also that the canal 
might be carried across either White river or Eel river, on an aque- 
duct, a level 5 feet above the January flood of 1 828, was adopted as the 
level upon which the junction will be formed. By this arrangement 
the Cross-cut canal may be so located as to draw its supply of wa- 
ter for the lower ten or twelve miles from the Central canal, which 
will remove the necessity for any feeder from Eel river below Raw- 
ley's mill. 

With this level the survey was commenced near Point Commerce, 
on the west bank of White river, and immediately above the mouth of 
Eel river, and continued thence directly across the valley of White 
river, by an aqueduct, and high embankment, to Mr. Cleveland's line 
on the east side. This portion of line, if the east side of While river 
be adopted throughout for the Central canal, will form a part of the 
Cross-cut canal, the intersection being formed on the east side. 

The line was then continued down the east side of the valley to the 
head of the Southern Division, near Newberry, passing about l-3d of 
a mile west of Bloomfield. This line is generally of a favorable char- 
acter with the exception of 5 bluflfs washed by the river, amounting in 
all to 99 chains along which the embankment will require protection 
from the current. Richland's creek and Doan's creek are the only 
streams to be crossed of much size, the former requiring an aqueduct 
with two spans of 34 feet each, with a wooden trunk resting on stone 
abutments and piers, and the latter an arch of 22 feet chord. 

In the course of making the examinations on this line, it was discov- 
ered that the west side of the valley below (he mouth of Eel river, is 
better adapted to the construction of a canal. , Believing it to be my 
duty to present to the Board all the fac(s that could be collected in re- 
lation to the subject, I directed Mr. Holman also to survey and esti- 
mate a line on the west side of White river between these points. 

Diverging from the survey just described, at Point Commerce, this 
line crosses Eel river by an aqueduct with four spans of 38 feet each, 
and passes along the west side of the river to a point about four miles 
above the Newberry Dam where it crosses White river in (he pool of 
that dam with a towing-path bridge, using this pool, as a canal with a 
towing-path on the east bank to the head of the feeder, through which 
it connects with the Southern Division. The whole length of this slack 



230 

water is 3 miles and 75 chains, the depth of water varying from 12 to 

15 feet with a dam raised 12 feet above low water, the surface of the 
river at a low stage will be raised 9.50 feet at the head of slack wafer. 
This route was found to be very favorable and cheap. The tmbank- 
ment is in no case exposed to the river floods, so as to require protec- 
tion. The only stream of any consequence crossed by the line on the 
west side, besides Eel river, is Lat(a's creek, requiring an arch of 18 
feet chord ; Doan's creek empties into the slack water on the east side, 
and will require a lowing-path bridge. 

The stone found in this portion of the valley, as far up as the north 
line of Greene county is chiefly sandstone, but of a quality superior to 
that found further south. By selecting the best quarries, and building 
with heavy courses, substantial masonry may be constructed with this 
stone. The Locks and other mechanical structures, from the mouth of 
Eel river to head of Southern Division, have therefore been estimated 
of cut-stone masonry. The aqueducts over White river and Eel river, 
will be formed by a wooden trunk, resting on abutments and piers of 
cut stone masonry, for which suitable stone can be found within half a 
mile of the sites. On this portion of the route there will be no perish- 
able structures, excepting the aqueduct trunk and lock gates. 

The estimated cost of these several lines, with the addition of 7 per 
cent, for superintending, &c. together with their length, and the a- 
mountof lockage may be stated as follows: 

Line on east side, from station opposite Point Commerce on the aque- 
duct level, to head of Southern Division, at the Newberry dam — length 

16 miles 39 chains, lockage 42.50 feet, cost ^265,959 64. 

Line on west side from Point Commerce, to meet the same point — 
crossing White river in the pool of the dam and embracing the slack 
water — length 16 miles 36 chains, lockage 42.50 feet, cost $221,- 
275 34. 

Extension of the Crosscut Canal from Point Commerce to meet the 
line on East side, crossing White river on an aqueduct, distance 2 miles 
35 chains, without lockage, cost $99,322 34. 

Should the west side be adopted for the Central canal, the extension 
of the cross-cut here given will not be required, the junction of the two 
canals being in this case formed on the west side of the river. It will 
be perceived therefore, that a fair comparison cannot be instituted until 
surveys and estimates are made, on both sides of the valley above the 
mouth of Eel river. When these surveys shall have been reported, 
they will furnish, if taken in connexion with the information given 
in this report, all the facts necessary to enable the Board to settle 
erery question that can arise in reference to this whole subject. 

In comparing the advantages and disadvantages of the two sides of 
White river as here presented, the fact that the line on the west side 
crosses that stream in the pool of a dam, and that occasional inconve- 
niencies may result from that mode of crossing, should not be over- 
looked. 

1 Taking the result as here given on the west side from the mouth of 
Eel river to the mouth of the Newberry feeder, and adding thereto the 



231 

total southern division as stated on a preceding page, and it will give 
109 miles 72 chains as ihe hngth, and $2.1 44,205, as the total cost of 
the Central canal from Eel river to the Ohio, averaging $19,510 per 
mile. The aggregate lockage from a level 5 feet above January 
flood of 1828 at mouihof Eel river to the Evansville plain is 143i feet, 
giving an averaging of 1.22 (ect per mile. 

It will be observed that the estimates of cost now presented, exceeds 
in amount those made by Mr. Cleveland in 1835. The solid rock at 
the Patoka summit not ascertained in his survey, which makes a higher 
level necessary across the wide valley of the East Fork, together with 
the general advance in the cost of labor, are the prmcipal causes of 
this difference. 

At ihe present time I am not in possession of any further informa- 
tion, in reg;trdtothe line north of Eel river, except what was collect- 
ed durintj ihe very hasty reconnoi?ance made last spring. I discover- 
ed no valuable building stone above the north line ofOwen county, at 
which point the limestone region commences. There is perhaps no 
part of the country better supplied with excellent building stone than 
the route of the canal, through the whole extent of Owen county. 
The river here cuts through the limestone ridge or belt, which, com- 
mencing as far nortn as Putnam county, stretches across the State in 
the direction of the Falls of Ohio, widening out very much as it ap- 
proaches that river. 

Maps and proBles both of the Central and Cro?s-Cut canals, as de- 
scribed in this report are now in progress and will be submitted in a 
few days. 

Surveys of the Cross-Cut CanaL 

The resident Engineer on this canal was directed to employ as 
much of his time as could be spared from the construction, in extend- 
ing the surveys eastward from the summit level, with a view to deter- 
mine the proper locaiion. He was directed to run a line on each side 
of Eel river from Rawley's mill to the mouth, to examine the plan of 
intersecting the Central canal at or near Bloomfield, as had been pro- 
posed by the citizens of that place, and also to make a survey of the 
country south of Eel river with a view to forming the junction near 
the mouth of Black creek, as contemplated in the law authorizing this 
work. The surveys of these several communications have been ac- 
complished by Mr. Ball, to whose report, which is hereto appended, and 
marked No. 3, 1 beg leave to refer for the results in detail. 

From that report it will be perceived that the junction of the two 
canals cannot be formed at or near Bloomdeld without increasing very 
much the cost, and that the planof leaving the valley of Eel river, and 
intersecting the Central canal near the mouth of Black creek, is whol- 
ly impracticable. The length and estimated cost of line, on each side 
of Eel river, from the mouth of Eel river feeder to Central canal, may 
be stated as follows: 

North side, crossing Eel river in the pool of the dam to be built at 



232 

Rawley's and uniting with the Central canal at Point Commerce, on 
west side of White rivePj on a level 5 feet above January flood of 1828, 
length 22 miles 46 chains, lockage 33 feet, cost $282,783. 

South side, receiving a feeder from Eel river at Rawley's and form- 
ing the junction with Central canal at Station No. 6, of Holman's sur- 
vey, on the south bank of Eel river, on a level 2 feet above January 
flood of 1 828, length 23 miles 44 chains, lockage 36 feet, cost ^233,755. 

It will be perceived that the decision between the two routes in the 
valley of Eel river must depend wholly upon the location of the Cen- 
tral canal. If that canal be located on the east side of White river the 
Cross-Cut canal will no doubt follow the north side of Eel river, cross- 
ing White river just above thejunction of the two streams; but if the 
west side be adopted for the Central canal, the connection will, in that 
case, be more cheaply formed by continuing the Cross-Cut on the 
south side of the stream. 

Should the Central Canal be located on the west side of White river, 
thejunction of the two canals may be made on a level 3 feet lower 
than if the east side be adopted, inasmuch as Eel river may be safely 
crossed by an aqueduct, on a level 3 feel lower than would be required 
for the crossing of White river. The statements of cost, lockage, &;c. 
in respect to both the Cross-Cut and Central canals, have been given 
with a view to this difference of level. 

The portion of line extending from the commencement of this sur- 
vey to Terre-Haute, including the Eel river feeder, the heaviest work 
upon which is under contract, is estimated by the Engineer in charge, 
at the sum of ^450,886, including the cost of superintendence. If 
the south side of Eel river be adopted, and the junction formed on the 
west side of White river, as here described, the total cost of the Cross 
Cut canal will be $686,641, and the length of main line 42 miles 77 
chains. Including the navigable feeder, the whole length of line is 48 
miles 41 chains, which gives an average cost of $'14,154 per mile. 

Surveys on Erie and Michigan Canal. 

A corps of Engineers under the charge of William B. Mitchell has 
been employed during the, past season subject to the general direc- 
tions of the acting commissioner in extending and completing the sur- 
veys of this canal with a view to ascertain its Cost, and determining its 
probable location. This party have been so much detained by sick- 
ness that a report in detail of the survey could not be prepared in time 
to accompany this communication. When this report is received it 
will be immediately submitted to the Board. In the mean time I am 
enabled to state from a personal examination of the country, as well as 
from information received from the locating Engineer, that the rmtte 
is highly favorable in its general features to the construction of a cheap 
and safe canal. The necessity of passing round on the south-western 
slope of the high ridge dividing the waters of the Kankakee from 
those of the lake, renders the line very circuitous in reaching Michi- 
gan City. The distance by the survey from Fort Wayne to Michigan 
City is 173 miles and 51 chains. The lockage west of the Elkhart 



233 

summit to the lake level is 3'23.65 feet, and east of the summit to the 
summit level of the Wabash and Erie canal 142 feet^ giving a total 
lockage of 465.65 feet, equal 2.68 feet, per mile nearly. 

Under the authority of the law of last session, I made a reconnoi- 
sance in September last, in company with the acting commissioner, of 
the proposed extention of this canal to the west line of the State, with 
a view to its ultimate connection with the Illinois and Michigan canal. 
In this examination we were so fortunate as to meet with two mem- 
bers of the Board of Commissioners, and the Principal Engineer of the 
Illinois canal, to whom we are indebted for much information in rela- 
tion to the country, as well as for full explanations of the plans propos- 
ed for forming this connection so far as depend upon that State, a sur- 
vey of which has already been made by the Canal Commissioners un- 
der legislative authority. 

It is a peculiar feature in the country bordering on the southern 
extreme of Lake Michigan, that its streams after approaching near the 
lake, suddenlj? change their course and run in a direction parallel with 
its shore. This singular formation has no doubt been produced main- 
ly by the prevalent lake winds, which operating at this point with ac- 
cumulated violence, have thrown up successive ridges of sand, con- 
forming in all cases to the curve of the lake shore, between which the 
waters find their only channel. The Calumet river, which is formed^ 
chiefly of the drainage of Porter and Lake counties, approaches with- 
in one and a half miles of the lake in Porter county, from which point, 
being checked by the sand ridges, it runs westwardly nearly parallel 
with the lake shore for a distance of 30 miles, and then turning east- 
ward very abruptly, finds its way to the lake at a point a half mile 
west of the State line. About six miles above its junction with the 
lake, the stream divides, and a portion of its waters in time of floods 
are passed off through a capacious channel, generally termed the 
Grand Calumet, which runs nearly due east between the Calumet 
proper and the lake for a distance of 16 miles, uniting with the lake 
near the east line of Lake county. This extraordinary formation is 
alluded to here from its being favorable to the objects of this examina- 
tion, as these valleys by running parallel with the direction of the route 
present, along their slopes, a suitable location for a canal. The de- 
scription here given, and the character of this connection will be bet- 
ter understood by reference to the accompanying map of the country 
bordering on the southern extreme of the lake. 

The survey which has been made by the State of Illinois, as we 
were informed by the Engineer, diverges from the Illinois and Michi- 
gan canal at a point 24 miles west of Chicago, and passing through the 
Sauganask swamp intersects the Calumet river at the rapids, from 
which point the supply of water will be drawn. From the rapids the 
survey follows up the south bank of the Calumet to the line dividing 
the two States. The length west of our State line will probably be 27 
miles, the whole of which has been located on a level 9j feet above 
the surface of Lake Michigan. 

The portion of line to be constructed bv Indiana to peiTcct this 
30 



communication, will probably be about 24 miles in length, diverging 
from the Erie and Michigan canal as surveyed in the valley of Salt 
creek, probably not far from Valparaiso, and passing either by the 
way of the Grand Calumet, or a kw miles farther south along the 
valley of the Calumet proper. Sufficient information has been col- 
lected to warrant me in saying, that a remarkably cheap and safe loca- 
tion can be had by one or other of these routes, although an estimate 
of the cost cannot now be given, as no actual survey has been made. 

The high sand ridges lying between the upper waters of the Calu- 
met and the lake, may present an obstacle to the adoption of the 
Grand Calumet route, though these have not yet been examined with 
the instrument. The existing law seems to contemplate no other ex- 
amination than that by way of the Grand Calumet, and should that 
route prove impracticable, it may be doubted whether there would be 
authority for the survey of the southern route. Under these circum- 
stances it is thought the public interest would be promoted if farther 
discretion were given to the Board in respect to this examination. 

From the best data now at command, the whole distance of canal 
from the Illinois and Michigan canal to the Maumee Bay is estimated 
at 300 miles. 

The direction of this improvement and its probable connection at 
the western termination with the Illinois canal, as well as with Lake 
Michigan, affords ground for the belief that at a future period, not very 
remote, it will become important as a general thoroughfare, as well as 
advantageous to ihe country through which it passes. The extensive 
region of country lying west and south-west of Lake Michigan, embra- 
cing the valleys of the Upper Mississippi and Illinois rivers, is said to 
be rich in natural resources, and will within a few years,without doubt, 
contain a numerous population, whose commercial relations will be 
chiefly with the cities of New York and Philadelphia, through Lake 
Erie, as a common channel. And for the purpose of reaching the west 
end of Lake Erie, this canal will offer facilities that must secure to it 
a considerable share of the transit trade. Though it is admitted that 
for heavy articles the lake route will afford a cheaper conveyance 
than any artificial channel that can be devised, yet the fact that the 
canal will be free from ice perhaps a month earlier in the spring, the 
savingof time, in comparison with the circuitous route by Lake HuroD 
and the perfect safety of such a conveyance, are advantages which 
will cause much of the trade, more especially the merchandize to seek 
this channel. 

Surveys for a Canal to Connect ihe Whilezoater and Central Canals. 

In accordance with the order of the Board, the locating party im- 
mediately after completing the surveys on the southern portion of the 
Central canal, was transferred to this line. 

Previous examinations had shown that the principal difficulty in o- 
pening a water communication between these canals would be found 
in providing for a supply of water for the high table land, between 



235 

White-water and Blue river, near the sources of Flat Rock — this sum- 
mit being near 80 feet higher than the summit between Blue river 
and White river. The surveys made during the seasonjjiave there- 
fore been directed to this object. 

The direct route from Cambridge, on the White-water canal, to 
Newcastle on Blue river, was first examined. A level was assumed 
for the Flat rock summit that would give 26 feet cutting on the divi- 
ding ridge, and which was found to be 142 1-2 feet above the White- 
water canal at the National road. Upon this plan aline of canal was 
surveyed from Newcastle to Cambridge. Examinations were then 
made to ascertain the length of line dependent upon sources lying a- 
bove the summit level for a supply of water, and also the extent of our 
resources available for the supply of this demand. A feeder line was 
surveyed to White river, and up the valley of that stream to a point 
1 1-2 miles above Winchester, where the stream was found sufficient- 
]y elevated to command the Flat Rock summit level. 

From these surveys, the length of line dependent upon the summit 
for a supply of water, was found to be as follows: 

Main line from mouth of White river feeder to 
Cambridge, 25 miles 

From Mouth of feeder north to the point where 
a feeder may be received from Buck creek on a 

lower level 2 miles 

Length of White river feeder 22 miles 

Total requiring a supply from sources above 

the summit level 49 miles 

Which at the usual allowance of 100 cub. feet 
per minute per mile for leakage and evaporation 
during 365 days, wall require 2,575,440,000 cub. ft. 

Add to this the necessary lockage water to pass 
50 boats per day, across the summit with locks of 
6 feet for 300 days, embracing the business sea- 
son 243,000,000 cub. ft. 



Total yearly demand 2,818,440,000 cub. ft. 

The only streamsjavailable for the supply of this demand, are the 
head branches of White river and Flat Rock. The area of country 
drained by these streams, above the level of the summit, has been es- 
timated at about 98 square miles. In my report of last year, to which 
1 beg leave here to refer, the results of experiments were given, going 
to show that the aggregate annual drainage which flows from a given 
area of country may be estimated at 11 inches in depth over the whole 
surface drained. Estimating from these data, and deducting 10 per 
cent, for loss from reservoirs by evaparation, we have 2,253,968,640 
cubic feet, as the aggregate quantity of water available for this sum- 
mit. 

Admitting that suitable sites could be found for reservoirs, in which 
the"whole drainage of the__country could be retained, (which however 



S36 

in this case would not be a safe conclusion,) there appears still tp \^fi 
a deficiency in the yearly supply of 564,471,360 cubic feet. 

Having thus ascertained that a canal on the direct route, would be 
wholly impracticable, a second line was examined upon the principle 
of depressing the summit level 30 feet, following down the valley of 
Blue river some distance, crossing (he National road near Buck creek 
and intersecting the White-water canal near Milton. This plan was 
found to be scarcely more favorable than the direct route, — for altho' 
by the depression of the level, the quantity of the available water is 
increased, yet this advantage is nearly balanced by the increased 
length of the line to be supplied — the depression of the level making it 
necessary, in order to avoid deep cutting, to follow a very circuitous 
route. The total length of line to be supplied from the summit level 
upon this plan, including main line and feeder, is 59 miles; and the 
area of country, the drainage of which could be made available for this 
purpose, amounts to 132 square miles. Estimating both the demand 
and supply from these data, and upon the principles adopted in regard 
to the direct route, there will appear a yearly deficiency of 308,082,400 
cubic feet, showing conclusively that this route also is impracticable. 

A third line has been examined upon the plan of placing the sum- 
mit level 53 feet lower than that of the direct route, and passing down 
the valley of Blue river, crossing the National road about 5 miles east 
of Knightstown, and Flat Rock 3 1-2 miles below Louisville, and in- 
tersecting the White-water canal 3 miles south of Milton. > 

The supply of water for this route would be drawnfroma reservoir, 
which it is proposed to form in the large wet prairie situated about 8 
miles north of Newcastle, on the summit between Blue river and Buck 
creek, a branch of White river. This reservoir will be filled by the 
floods of White river, for which purpose a feeder must be constructed 
from that stream about 18 miles in length, to be taken out at a point 
5 i-2 miles below Winchester. It is supposed that by collecting and 
retaining the whole drainage of the country lying above and inclining 
towards the summit, a sufficient supply of water may be provided for 
this route. 

A survey has been made upon this plan, from Little Blue river, two 
and a half miles north of Newcastle, to the White-water canal, from 
which it has been ascertained that the route must be very expensive as 
well as circuitous. The principal obstruction is a deep cut between 
Flat Rock and White river, 4 miles in length, from 6 feet cutting at 
one end, to the same depth at the other, increasing from each end un- 
til it reaches 41 feet in depth in the centre. Besides this, there are 
other expensive cuts and embankments, which greatly augment the 
cost. An approximate estimate has been made, which shows that this 
portion of the line, 33 miles and 60 chains in length, will cost abou,t 
^1,500,000. The main line north of Little Blue river, and the White 
river feeder have not been surveyed, but estimating them as ordinary 
lines, and including the probable cost of reservoirs, it will give au 
aggregate cost upon (his plan of $2,000,000. 



237 

If the summit level be raised 10 feet, it is estimated that a saving of 
nenra half million would be effected. But it is deemed scarcely pro- 
bable that a suitable site for a reservoir could be found on that level. 

The estimated length of mainline from Muncietown to its junction 
with the White Water canal is 52 miles. The road from Muncietoiva 
to Cambridge, by Newcastle, may be estimated at 32 miles. Adding 
5 miles to this, as the distance to the point where the canal survey in- 
tersects the White Water line, we have 37 miles as the total distance 
by the road, showing a difference in distance between the two modes of 
connexion of 13 miles. 

From this statement of probable results, it seems that the canal up- 
on the plan last described, is physically practicable; yet if we consid- 
er its great cost, the increase of distance between the two points, to- 
gether with the fact that it will be wholly dependent upon reservoirs 
for a supply of water, it would appear that the idea of a water com- 
munication between the White Water and Central canals cannot lon- 
ger be entertained as ajudicious or feasible undertaking. 

A map of this section of the State, representing these several lines, 
together with a profile of the line last described, are herewith pre- 
sented , 

GENERAL REMARKS. 

By summing up the estimates given in the foregoing statements, in 
respect to the several lines under contract, it will be seen that the to- 
tal estimated cost of the contracts entered into by the Board of Inter- 
nal Improvement, since the 1st March, 1836, amounts at contract pri- 
ces to ^3,906,438, and that the estimated value of labor performed on 
these contracts, up to this date, is ^2,176,308. Deducting this from 
the total estimate, and adding to the remainder ^26,538, the value of 
work yet to be done on the Wabash and Erie canal, between Fort 
Wayne and Georgetown, which was let out by the former Board, and 
it gives $1,756,668, as the aggregate value of labor required to com- 
plete existing contracts within the Slate, exclusive of the road between 
Jeffersonville and New Albany, from which I have received no returns. 

For the first nine or twelve months after the contracts were rnade^ 
laborers were scarce, and their wages soon became unusually high. — 
Not only was the progress of the work retarded by this state of things^ 
but as necessary consequences, many of thecontractors abandoned their 
jobs, which were subsequently let out at higher rates, increasing in 
proportion the cost of the improvements. Within the last six months, 
the effective labor of the state has been increased by the influx of the 
German and Irish population, and for the future there is reason to be- 
lieve that with judicious measures, in reference to this object, the 
price of labor, and of course the cost of the works, may be reduced, so 
as to correspond more nearly with the ordinary rates. A statement 
has been prepared, and is hereto appended, and numbered 2, from 
which it will be seen that an average of 4,666 men have been employ- 
ed on all the public works of the state during the past season; that 
about 2,435 of these are of the German and Irish population, and the 



238 

remainder citizens of Indiana, with perhaps a small number from ad- 
joining states. By the same statement it will be seen that the average 
rate of wages paid by contractors during the past season, for common 
labor is $18 90. 

It is no doubt the policy of the state, as it seems to be the desire and 
expectation of the public, that the improvements be vigorously prose- 
cuted, especially if the operations be directed to their extension into 
the interior, from the points where our markets are found, so that the 
investment may as soon as possible be made productive to the state, 
and useful to the public. But the degree of energy with which the 
publ'c works can with propriety be prosecuted, must depend essential- 
ly upon the amount of surplus labor which the state may have at her 
command- To place the work under contract at any tinne to an extent 
disproportioned to the labor of the country, so as to divert too great a 
proportion of labor from the cultivation of the soil, and subduing the 
forest would produce a two-fold evil; first by increasing the cost of the 
work, and secondly by crippling the agricultural interest — an interest 
which above all others, as the basis of public prosperity, it is the poli- 
cy and duty of the state to encourage; and for whose benefit chiefly 
the system of improvement was undertaken. To increase the aggre- 
gate of effective labor, therefore, so that both the farming interest and 
the operations on the public works may be well supplied with work- 
men, and both be prosecuted successfully, the one auxiliary to, rather 
than in competition with the other, must be viewed as an object of 
paramount importance, calculated in no small degree to promote the 
future prosperity and wealth of the State. And the suggestion is with 
due deference made, whether the Board, wiih legislative sanction, 
might not farther this object by taking some step calculated to turn 
the tide of European emigration, particularly the German population, 
towards this State. 

In my last annual report to the Board, it was suggested that exten- 
sive surveys and critical comparisons between different lines, both in 
respect to their cost and advantages, should in all cases be made in 
advance of the contracts, so that the plans of location and construction 
maybe well matured. On several of (he lines such surveys have 
been made during the past season by which many facts have been col- 
lected besides those given in the report, which have been made mat- 
ter of record in the office, and will be of service in making the final 
locations. The lines that have been run, ought not, however, to be 
received as final locations, so as to preclude any alterations, should 
further examinations, or the results of subsequent experience suggest 
improvements In the plans of crossing streams or of overcoming other 
difficulties. 

The location and plans of the public works should not, it appears to 
me, be considered as unalterably established until the time arrives for 
placing them under contract. Such a course would deprive the state 
of these additional lights of experience, which her engineers may de- 
rive from the wide field of operations now presented for their observa- 
tion, by theprogres of her own improvements as well as those of other 



339 

states. The science of civil engineering, like every other practical 
science, is advancing, and we should act unwisely if, by deciding im- 
portant questions sooner than is necessary, we refuse the aid which 
might otherwise be derived from this increase of practical knowledge. 
While therefore, all the leisure time of the engineers on the different 
lines should be employed in extending the surveys, and collecting and 
preserving data in relation to the character of the route, and the diffi- 
culties to be overcome with a view to the ultimate decision of the loca- 
tion and plans, I would recommend as a general rule, thrit these decis- 
ions be delayed until the time arrives for placing the line under con- 
tract. The citizens along the different routes are sometimes desirous 
that the precise location should be determined, even when there may 
be no prospect of placing the work under contract for some time to 
come. Although there may be a disposition to gratify a request appa- 
rently so reasonable, yet in most cases lean conceive of no local ad- 
advantages likely to follow such a decision, which could compensate 
for the public evils that may result from premature action. 

In estimating the cost of public works, it is impossible for the engi- 
neer to foresee all the changes in the currency of the country and in 
the state of the markets which may take place, and which may mate- 
rially affect the cost of the work. The want of this knowledge of fu- 
ture events is often the cause of a discrepancy between the estimate 
and the actual cost. In order that the Board may judge for themselves 
in regard to the sufficiency or insufficiency of the estimates presented 
in this report, I will state here that fin arranging the elements of the 
calculation, common labor has been rated at 15 to ^16 per month — 
mechanical labor and provisions being in proportion. From present 
indication, it is supposed that by the time the work will be constructed, 
wages may be reduced to these rales. But should the prices actual- 
ly paid vary materially, it may be expected that the cost of the work 
will vary accordingly. 

In prescribing the style in which the mechanical work should be ex- 
ecuted on the various lines of improvement entrusted to my general 
supervision, I have been influenced by a conviction that the utmost 
firmness and durability is called for by the policy and interests of the 
State. This policy, while it is correct in regard to every species of 
mechanical work, is peculiarly important in respect to the Masonry. 
Imperfections in the timber superstructure or in the earth vs^ork of pub- 
lic improvements can more readily be removed, but for the defects of 
stone work in the walls of a lock aqueduct or bridge, there is no reme- 
dy short of entire renewal. And as these structures are placed be- 
neath, or connected with high embankments, such renewal is always 
attended with a very heavy expense as well as injurious delays. It is 
the style of masonry on any public work more than any thing else, that 
forms its character in the judgment of close observers, so far as relates 
to the manner of its construction. The locks and other heavy mason- 
ry, if substantial in their character, furnish lasting evidence of the vi- 
gilance, fidelity and skill of those charged with the immediate superin- 
tendence ; or of their negligence or incompetency, if they should be soon 
found in a dilapidated or frail condition. 



240 

At the time of placing the work under contract on the lines undet 
my charge, printed specificritions showing very particularly the man- 
ner in which the stone work should be performed, were exhibited to 
bidders, and now for m a part of the contract. These specifications are 
always suited to the size and quality of the stone found in the vicinity 
of the work, requiring nothing for unnecessary exterior show, but only 
insisting upon points essential to durability. I have therefore conceiv- 
ed that I could perform my duty to the state only by urging upon the 
superintending engineers the complete and literal fulfilment of these 
specifications, which, from the great extension of my duties, must de- 
pend wholly upon them. And to enable the Resident Engineers to 
accomplish this, they will require frequently the aid of additional su- 
perintendents, for longer or shorter periods. 

That it should be more difficult to enforce the faithful performance 
of masonrj, thanany other part of the construction, might reasonably 
be anticipated from the nature of the case. Small and ill shapen stone 
are usually procured at a much less cost than those of proper size and 
form. It will generally be observed that the smaller fragments, hav- 
ing been more readily removed from their original place by the hand 
of^time, or the operation of strong currents, are now to be found in the 
ravines and on the surface of the ground, while the larger blocks, suit- 
able for substantial masonry, may lie deeper in the quarry, to be pro- 
cured and worked only with much more labor and expense. Even if 
the contractor disregard this difference of cost, which is sometimes 
the case, the subordinate workmen, who are entirely irresponsible, will 
often select the smaller fragments of stone, on account of the greater 
ease with which they may be removed and placed in the work. The 
proportion of mortar and grout, and their proper combination with 
the stone, as required in the specifications, are likewise objects of 
much consequence, demanding the immediate attention and direction 
of the Engineer. Experience abundantly proves that the imperfect con- 
struction of masonry cannot be prevented, unless the Engineer exer- 
cise entire control of the operation, from the commencement at the 
quarry, to the completion of the work. 

It is to be regretted that on some of the lines, a resort to timber as 
a building material for locks, &:c. has been unavoidable from the scar- 
cit}' of stone. But when stone structures are directed to be built, the 
interest of the state requires that they should be constructed in the 
fnost substantial and workmanlike manner, of which the character of 
the materials will allow. 

In the use of rail roads constructed by the state, it will probably be 
best for the stale to furnish the motive power, leaving the cars for the 
conveyance of freight and passengers, to be furnished by individuals 
or companies, from whom the state will exact the proper toll for the 
use of the road, and for the motive power. Should the Board concur 
in the suggestion, they will no doubt perceive the necessity of contrac- 
ting in the early partof next year, for the construction of a locomotive 
engine to be placed on the Madison road. 

Some legal enactment will be required to enable the agents of the 



241 

state to preserve from injury the various mechanical structures, and 
other works connected with the canals, rail roads, and turnpikes, be- 
longing to the stale. These works are constantly liable to very seri- 
ous injury, as well from the designs of evil disposed or malicious per- 
sons, as from the negligence of those who may be properly engaged 
in their use. They can be protected and preserved from dilapidation 
only by imposing severe penalties, with the necessary provisions for a 
prompt and rigid exaction of the forfeiture. Experience has proved 
that the penalty for driving wagons on the banks of the canals, as pro- 
vided by existing laws, is wholly inadequate to prevent this practice, 
and much injury to the embankments has been the consequence. 

In connection with this subject, I would also suggest the appointment 
of collectors of toll on the Wabash and Erie canal, not however with 
a view to any profit that can be expected from this work until connec- 
ted with Lake Erie, but rather on account of the aid to be derived 
from such an organization of officers, in enforcing the laws and regu- 
lations necessary for the protection of the work. 

In the location of the canals and rail roads, it sometimes becomes 
necessary to occupy for a short distance the route of an existing state 
or county road, or to cross and re-cross the same at points not far dis- 
tant. In such cases the expense and inconvenience of two bridges 
might be saved and the public convenience promoted, if the board 
were authorized by law to re-locate such public highway, keeping it 
wholly on one side of the improvemont. This authority already ex- 
ists in respect to the Wabash and Erie canal, but it is confined to this 
line. 

In the location and construction of the canals of this state, no pro- 
vision has been made for the immediate employment of lock tenders. 
With very strict and systematic regulations in regard to the use of the 
locks, and the navigation of the canals, it is believed that these agents 
maybedispensed^with for a few years, M'hile the business is inconsidera- 
ble, and the necessity for economy in the expenditures so urgent. At 
a future period however, when the business on the canal shall have in- 
creased, lock tenders will be required, and with a view to that arrange- 
ment, would it not be good policy for the Board in the construction of 
the work, to appropriate a small lot of ground at each lock, for the 
purpose of a lock house. 

The water power created by the construction of the canal has been 
referred to in former reports, as an object of much importance to the 
state. There are several points at which it appears to me the wants 
of the country call for the employment of some portion of this power, 
so soon as the water can be introduced. Amongst these, Lafayette and 
Delphi might be named on the Wabash and Erie canal; Lawrence- 
burgh, Harrison, and Brookville on the White Water canal; India- 
napolis and Evansville on the Central canal, and Terre Haute on the 
Cross-cut canal. 

It affordgme pleasure in conclusion, to notice with approbation, the 
31 



342 

zeal and industry manifested by the Resident and Assistant Engineers, 
engaged during the past year on the several lines of improvement, in 
the discbarge of their respective duties. 
All of which is respectfully submitted. 

J. L. WILLIAMS, 

Principal Engineer, 
lodianapolis, Dec. 5, 1837. 



243 



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245 



ABSTRACT of 59 miles and IG chains of Southern Division, Central 
Canal, extending from Newberry Feeder to head of Pigeon. 



S! 
o 


n 


?\ 






5' 


f\ Cost. 


Description of Work. 


1 


30 




$48,468 95 


Feeder dam and guard lock 


2 


69 




19,735 76 


Dam for Slinkard's cr. and T. P. bridge 


3 


76 




6,396 15 


Plain 


4 


78 




10,848 58 


Guard Lock 


5 


75 




3,922 65 


Plain 


6 


78 


2,612 93 


Plain 


7 


108 


6; 6,946 59 


1 Wooden Culvert — 1 Wooden Lock No. 1 


8 


48 




2,849 35 


Plain 


9 


81 


6 


10,053 54 


2Wooden Culverts — 1 wooden Icck No. 2 


10 


78 




4,203 94 


Plain 


11 


78 




4,724 91 


Plain 


12 


78 




9,594 34 


1 wooden culvert 


13 


78 


7 


11,365 01 


Wood Lock No. 3. 


14 


81 




3,733 92 


Plain 


15 


84 




7,895 25 


Plain 


16 


84 


9 


11,759 45 


Wood Lock No. 4 


17 


84 




4,503 88 


Plain 


18 


84 




3,939 95 


Plain 


19 


84 




6,715 19 


Plain 


20 


81 




11,268 04 


Prairie Creek Aqueduct 


21 


84 


5 


9,363 44 


Road Bridge — Wooden Lock No. 5. 


22 


84 




3,808 85 


Plain 


23 


81 




3,961 13 


Plain 


34 


84 




8,112 29 


1 Wood Culvert 


25 


84 




10,033 56 


3 chs. bluff 


26 


84 




7,244 35 


Plain 


27 


81 




31,133 29 


1 Stone Culvert for Veal's creek 


28 


81 




9,916 97 


9 chains bluff* 


29 


81 




12,260 96 


9 " "1 Road bridge 


30 


81 




12,504 76 


1 Wood Culvert 


31 


81 




50,780 87 


Enters White river valley 


32 


81 




111,842 89 


Heavy full bank 


33 


52 




137,977 96 


1 Wood Culvert & White river aqueduct 


34 


72 




13,595 60 


1 " culvert 


35 


75 




22,822 14 


1 " culvert for Lick creek 


36 


81 




17,809 22 


1 " « 6 chains bluff* 


37 


75 




16,248 87 


2 " " 


38 


81 




22,284 55 


13 chains bluff* 


39 


78 




12,623 34 


1 wood culvert 


40 


81 




19,467 66 


4 « "1 Road and T. P. bridge 


41 


81 




6,649 14 


\ (V ii 



246 



42 


60 




4,783 56 


\ a a 


43 


57 




2,838 01 


Plain 


44 


81 




23,960 16 


Ascending Patoka summit 


45 


72 




125,311 25 


Patoka Summit 


46 


99 




8,072 U 


1 Wood Culvert 


47 


81 


7 


22,454 81 


Estimate of Reservoir — Wood Lock No. 6 


48 


78 




12,541 53 


1 Wood Culvert — 1 Road Bridge 


49 


81 




25,930 72 


2 " Culverts. Heavy earth work 


50 


81 




151,184 54 


Aqueduct for Patoka & heavy full bank 


51 


78 




24,721 15 


2 Wood Culverts 


52 


81 




11,500 70 


2 " Culverts 


53 


84 




17,617 78 


2 « Culverts 


54 


78 




6,084 64 


Plain 


55 


78 




44,533 13 


2 " Culverts and heavy full bank 


56 


81 




34,791 17 


Valley of Keg's creek 


57 


78 




10,955 77 


1 " Culvert 


58 


78 




14,242 25 


2 « Culverts 


59 


51 




3,887 20 


1 " Culvert— 1 Road bridge 


60 


78 




64,889 43 


Pigeon Summit 


61 


81 
4736 




34,402 94 


" « 1 Road bridge 




40 


1,374,663 17 






Add 


... 


...96,226 41 


7 per cent, for contingencies &c. 



Total Cost ^1,470,889 58. Average cost per mile $24,846 11 



247 



ABSTRACT of Central Canal from mouth of Eel River to Newber- 
ry Feeder on the East side of White River, 15 miles 39 chains. 





cr 


Loc 








CO 
a 
o 

• 


D 

CO 

• 


kage. 


Cost. 




Description of the work. 


1 


81 


9 


^20,705 


22 


1 Stone cul. & 1 wood c. L. No. 1 cutstone. 


2 


81 


7 


16,838 


38 


1 « L.No. 2 « 


3 


81 




6,549 


32 


Plain 


4 


81 




5,287 


68 


1 Road bridge 


5 


81 




10,198 


81 


1 Wood culvert 


6 


81 




7,776 


781 Stone culvert 


7 


81 


7 


27,106 


56 1 Wood cul. 1 8 chs. bluff, L. No. 3 « 


8 


81 




6,191 


91 Plain 


9 


81 


6 


41,601 


49 Aqt. for Richland cr. 3 c. bluff L. N.4 « 


10 


81 




29,295 


36 


36 chains bluff 


11 


81 




17,804 


41 


1 Stone cul't. 12 chains bluff 


12 


81 




4,289 


41 


1 Road bridge 


13 


81 


6 


24,741 


121 Stone culvert Lock No. 5~ « 


14 


81 




6,285 


69 Plain 


15 


105 


7.50 


23,888 


28 


1 Wood cul. 30 chs. bluff Lock No. 6 « 




1239 


42.50 


248,560 


42 






Add 
cost 


17,399 


22 7 per cent for contingencies &c. 


r 


Fetal 


$265,959 


64 Average cost per mile $17,172 54. 



248 



ABSTRACT of the Central Canal from the mouth of Eel river lo 
Newberry Feeder following the West side of White River, 16 
miles 56 chains. 



o 


Cha 


r 

o 
o 








a 

CO 


era 


Cost. 


Description of the work. 


1 


81 




^32,769 47 


Eel river aqueduct, 1 road bridge 


2 


81 


9 


16,547 92 


Lock No. 1 cut stone 


3 


78 




4,569 93 


Plain 


4 


78 




4,373 37 


Plain 


5 


8t 


8 


14,918 41 


1 Road bridge, Lock No. 2 " 


6 


81 




12,613 69 


Plain 


7 


78 




14,541 37 


1 Stone cul't. Latta'scr. 1 Road bridge 


8 


81 




7,016 32 


Plain 


9 


81 




4,610 55 


1 Road bridge 


10 


81 


7 


14,409 75 


Lock No. 3 « 


11 


81 




9,527 79 


1 Wood culvert 


12 


81 




8,772 84 


Plain 


13 


81 


18.50 


32,615 06 


T. P. Bridge for W. river, L's N. 4, 5, « 


14 


81 




5,487 02 


Plain J 


15 


81 




6,830 57 


T. P. Bridge for Doans cr. f gi^ck water 


16 


81 




11,641 41 


Plain C 


17 


49 




5,553 92 


u y 




1336 


42.50 


206,799 38 








Add 


14,475 96 


7 per cent for contingencies, &;c. 


^ 


S22 1,275 34 


Average cost per mile $13,729 06. 



1 



249 



r¥o. s. 



JBXHIBIT of the average force employed on the several lines of im- 
provement during the past year. 





Average 


Average 


Proba- 


Nuoi- 


Averaga 




effecliTe 


number 


ble num- ber of 


rate of 




force in 


of men 


ber of citi- 


wages , 




men, in- 


exclu- 


Europe- 


zens 


for com- 




cluding 


sivie ; of 


ans. 


of In- 


mon la- 




the 


teams. 




diana. 


borers 




teams 








exclu- 




reduced 








sive of 




to men. 









boarding 


W. &, E. Canal from Huntington 










to Lafayette 


1105 


830 


580 


250 


$21 00 


White Water Canal 


975 


630 


325 


225 


18 00 


Central Canal Indianapolis Div. 


750 


680 


80 


600 


18 00 


Central Canal Southern Division. 


180 


160 


53 


107 


19 00 


Cross Cut Canal 


296 


260 


5 


255 


19 GO 


Madison & Lafayette Rail Road 


1400 


1200 


1030 


170 


20 00 


New Albany & Vincennes Road 


UU 


906 


362 


544 


18 00 


Total 


5821 


4666 


2435 


2251 





No. 3. 



Terre Haute, Nov. 20th, 1837. 

To J. L. Williams, Esq. ) 
Principal Engineer. ) 

Sir: — Agreeably to instructions, a locating party was organized 
about the 20th of May last, to make the necessary surveys in relation 
to the extension of the Crosscut canal down the valley of Eel river, to 
its junction with the Central canal. With a view to economy, this 
party was composed in part of the corps stationed on the line under 
contract, and by this arrangement but one additional assistant was 
required. 

Previous to commencing the regular survey, various lines of levels 
were run, with a view of determining the elevation of some prairies 
and dividing ridges back from the river, but principally to ascertain if 
any practicable route could be found across the waters of Black creek. 
These examinations were made quite extensive, and resulted in the 
deieimlnstion of the fact, that no feasible route could be obtained. 
The most favorable gap examined would require a cut of from 20 to 
30 feet in depth, and several miles in extent. 
32 



250 

It having been ascertained by the examinations made last year, that 
the supply of water drawn from Eel river, by the feeder taken in at 
Iloifman'o v»^ould all be required for the line north, in commencing 
the survey, the first object presented, v^as the selection of a site for a 
second feeder dam. The localiLies atRawley's mill were found to be 
such, (there being a rock bottom in the river, and a high bank on one 
side,) that no doubt could be entertained of the propriety of locating 
the dan:i at that point. 

The survey was commenced at the junction of the feeder and main 
line, at the south termination of Division No. 1, and thence on the 
south side of Eel river, the line is run direct to the crossing of Splunge 
creek, at Rawley's mill; a lock of 9 feet lift is located immediately at 
the junction, and one of 8 feet about 3-4th of a mile below. The feed- 
er will be introduced just above the mouth of Splunge creek, by a 
short latteral cut, and the admsssion of water into the canal, regulated 
by an adequate number of head gates. 

From Rawley's mill to Sta. 450, a distance of 15 miles, 6 bluff points 
are encountered, where the canal must either be made in the river, or 
kept out by deep cutting; at 4 of these places the preferable plan is 
to cut through and avoid stone protection. These bluffs, however, are 
all short, and the character of the valley is such, that a tolerably cheap 
line is obtained for the above distance. Lock No. 3, ten feet lift, is 
located 7i miles; also No. 4, nine feet lift, (being the last on this side,) 
about 10 miles below the point of commencement. 

Having locked down to the level fixed for the Central and Cross- 
cut canals at their intersection, and having ascertained by preliminary 
levels, that the chain of prairies back from Eel river, although much 
lower than the high and irregular ridge separating them from the 
main valley, were quite too high for the level assumed; the line from 
Sta. 450, to the termination, a distance of nearly seven miles, is much 
more expensive than the portion already described. Being confined 
to the river bottom, this portion of line is mostly located on steep sid- 
ling ground, which is frequently broken by deep ravines, and valleys of 
small streams, giving the line a circuitous direction, and involving fre- 
quent deep cuts and heavy embankments. 

The mechanical structures on this side consist of 4 locks, the 2 first 
estimated cut stone, the others wood; 1 feeder dam H feet high and 
257 feet long, together with head gates, abutments, estimated stone; 9 
rectangular wooden culverts, 4 of which are 6 feet cord, three 8 feet 
chord, two 10 feet, and 2 road bridges. 

The line on this side of Eel river was connected and terminated at 
Sta. No. 6, of the Central canal on the west side of White river; the 
-^hole lockage is 36 feet, and the estimated cost ^235,755 00, or 
$10,010 82 per mile; length 23 miles 44 chains. 

A line was also run, leaving the main line about a half mile from 
the point of intersection, and pursuing nearly a southern direction to 
Mr. Robert Inman's, about three miles below the mouth of Eel rivp- 
thence crossing White river on an aqueduct, and connecting with Sta! 



251 

49 of (he Central canal on (he east side. Upon this plan, the estimat- 
ed cost is ^468,452 00— length 28 miles 34 chains. 

A reconnoisance was also made with a view of finding a feasible 
route, crossing the river and connecting with the Central canal near 
Bloomfieid, and it was intended to have run a line in that direction, 
but when the upper crossing was found so favorable, and it was appa- 
rent the lower route would be still more expensive, it was deemed in- 
expedient to extend the examination any farther. 



The survey on the north side of Eel river was also commenced at 
the junction of the feeder and main line. From the commencement, 
the line pursues nearly a straight course across the level bottom, to the 
vicinity of New Brunswick, crossing Eel river about li miles above 
Rawley's mill. The river will be crossed in the pool of a dam, by 
means of a tow path bridge. Locks No. 1 and 2, nine and eight feet 
lift, are located near the junction. No. 3, ten feet lift, 6 and 3-4th 
miles below; and No. 4, nine feet lift, 7 and 3-4th miles below the 
junction. 

The portion of line already described, is of a cheap character, but 
having to maintain a level by embankments, suitable for the intersec- 
tion of the Central canal at Point Commerce, the cost of the remain- 
ing portion is much increased. Below New Brunswick, the valleys of 
White Oak, Pond cre^k, Turkey creek, and Lick creek, are crossed; 
most of them being remarkably wide and low for streams of such 
magnitude. 

The mechanical structures on this side, consist of one feeder dam, 
guard lock, and tow path bridge; 4 lift locks, the two first being esti- 
mated cut stone, the others wood; 3 stone arched culverts, one 20 
feet, one 18 feet, and one 6 feet chord ; 12 rectangular wooden cul- 
verts, one 14 feet, three 10 feet, one 8 feet, and seven 6 feet chprd— 
also two road bridges. 

The line on this side of Eel river, intersects the Central canal on 
the west side of White river, at Sta. 0; the whole lockage is 36 feet, 
and the estimated cost §"252,751 00, or $11,096 05 per mile. Length 
22 miles 46 chains. This estimate is made out upon the plan of in- 
tersecting the Central canal on the West side of White river. To 
maintain a level 3 feet higher, such as would be required for crossing 
White river, would increase the cost $30,032 00. 

Maps and profiles are making, and will he presented as soon as 
practicable. 

Respectfully submitted, 

WM. JAS. BALL, 

Resident Engineer Cross-cut Canal, 



252 



Office op the White Water Canal,) 
Harrison, Dec. 2d, 1837. J 



Sir— 



Agreeably to the instructions of Gen. E. Long, Acting Connmission- 
er on the White Water canal, a survey and estimate has been made, 
during the past season, for a canal down the valley of the East Fork of 
the White Water river, beginning at Richmond in Wayne county, 
and terminating at Brookville, in Franklin county. 

The whole length of ihe line from Richmond to Brookville is 33^ 
miles — 3| miles of which are slack water, and 3 miles, bluflf requiring 
np rap or loose stone protection to preserve the banks from injury by 
the action of the water. 

The principal mechanical structures on the line are as follows: 
31 Lift Locks — whole lockage 273i feet. 

Locks No. 1, 8, and 29 have each 4 feet additional height over the 

regular lift so as to operate as guard locks. 

2 Guard Locks— each 12 feet high. 

3 Aqueducts — whole span 12G feet. 
7 Culverts — whole chord 64 feet. 

2 Waste wiers, with gates. 
16 Road bridges. 

2 Tow-path bridges over the East Fork — each 220 feet long. 
^ 5 Dams— the length, height, and location as follows: 



No. 


Length. 


H't ab. low water. 


Di.fr. Richm'd. 


Location. 


1 


160 ft. 


11.60 feet. 


i. mile. 




2 


160 


6.20 


5i 


Near Larshes' M. 


Si 


170 


7.50 


11| 


" Ottis' mills. 


4 


180 


6.20 


23i 


Above Fairfield. 


5 


200 


11.80 


32 


" Brookville. 



For 11$ miles the line follows down the right bank of the river to 
dam No. 3, below Abington, where it crosses to the left bank of slack 
water, it follows down that side for 124 miles — passing into slack wa- 
ter below Hannah's creek, and again crossing to the right bank at dam 
No. 4 — it then continues on that siJe to Brookville, where it 
Qiakes a very advantageous termination in the pool of the White 
Water canal dam across the East Fork. By crossing the river at the 
different points a large portion of Ihe bluffs are avoided, and the line 
materially cheapened. The limited time allotted to the Engineer 
corps, did not admit of sufficient time for making an examination on 
both sides of the river in the vicinity of Fairtield, but before a final 
location, it would be advisable to examine as to the practicability of 
continuing the line on the left bank of the river as far down as that 
place. 



253 

With the exception of the bluffs, and lockage, the valley of the 
EaBt Fork is of the most favorable character for the construction of a 
canal — the excavation and embankment is generally of the easiest 
kind; and the line in many instances follows at the base of continuous 
and succeeding banks — requiring only single banks, and passing 
through the adjacent farms to the very best advantage. 

The estimates are made for a canal of the same dimensions as the In- 
diana canal — 26 feet wide on bottom, water 4 feet deep — surface of 
water 40 feet. 

The locks are to be in every respect similar to those on the White 
Water canal; dimensions in the chamber 90 by 15 feet; the walls are 
to be laid dry and faced with plank. The aqueducts and culverts are 
to be built of rubble masonry, laid in mortar and grout. 

The dams are to be of timber cribs, filled with stone; the lower slope 
is to have H feet base to 1 foot perpendicular rise, and the upper slope 
to have a base twice as long; both the upper and low^er slopes are to 
be covered with plank 6 inches thick, firmly fixed and spiked to the 
cribs. 

The river bottom where the dams are located is composed of grav- 
el and detached rock. The plan proposed is to place the base at 
least 3 feet below the lowest water, and cover the whole with a com- 
pact layer of brush, upon which will be placed three layers of trees, 
from 60 to 40 feet in length, running parallel with the course of the 
stream — to be hewn square so as to lay perfectly close together — up- 
on this the cribs will be erected in such manner as to leave an apron 
of at least 30 feet below the lower slope of the dam, so as to protect 
the foundation from the action of the water. The upper slope will be 
secured by a course of sheet piling, and the whole covered with fine 
gravel in such manner as to render it impervious to the water. The a^ 
butments are to be of masonry similar to the aqueducts. 

By reference to the accompanying tabular statement it will be seen 
that the estimated cost of the line is ^483,778, to which add 5 per 
cent, for contingencies, including engineering, superintending, &c. 
and the whole cost will be $607,966, or |1 5,277 per mile. The esti- 
mates are predicated upon the supposition that common labor will com- 
mand 1(18 per month and found, which is about the average wages 
paid upon the White Water canal during the past season. 

When the cost of boarding, furnishing tools, &c. are included, the 
expense of e^ch man will be about one dollar for every working day. 

At any time during the period of five years previous to the year 
1831, the same amount of work could have been performed for at least 
one third less than at the present time. 

During the lowest stages of the river a measurement was made of 
the water; at Richmond the discharge was 1700 cubic feetper minute, 
and a gradual increase was found at each of the proposed dams — at 
No. 5 the quantity was 2000 cubic feet per minute. 

There is no doubt a sufficient supply of water for all the purpose of 
navigation, especially upon the plan proposed — the water being intro- 



254 

duced at five different points which makes the whole stream available. 

The quantity of water required to supply the leakage and evapora- 
tion of a canal depends mainly upon the character of the soil through 
which it passes. The valley of the East Fork is generally quite fa- 
vorable in this particular. During the dry season of the year in 1835 
an experiment was made on the Delaware canal in Pennsylvania, to 
ascertain the quantity of water necessary to supply the leakage and 
evaporation on 14 miles of that canal. Much care was taken to arrive 
at the truth, and the requisite supply was found to be 50 cubic feet per 
minute per mile. The canal had been in operation about two years 
— the depth of water was five feet, and width of surface 40 feet; 
about half the distance was along a high embankment, and in many 
places there was quite a free percolation. It is therefore reasonable 
to infer that similar circumstances will produce like results. The De- 
laware and East Fork canals are both situated in nearly the same 
range of latitude. Particular attention was paid in locating the line 
to have it so placed as not to interfere injuriously with mills and manu- 
factories already established. In the vicinity of both Richmond and 
Brookville, and many other places, a supply of water can be furnish- 
ed from the canal for propelling machinery now in operation with but 
little alteration in the present improvements. 

The whole fall of the river will also be made available, which can be 
used for various manufacturing purposes, as the wants of the country 
may require. 

The act authorizing the survey requires a statement of the "proba- 
ble advantages" arising from the canal. From the best information 
that could be obtained from various sources, it is believed that ifit should 
be constructed within three or four years from the present time, that 
the navigation would open with a trade equal to $50,000 tons annual- 
ly. This, at an average of 2 cents per ton per mile, would yield a re- 
venue of $33,250 per annum. There would be many advantages 
growing out of its construction, the benefits of which can scarcely be 
anticipated. It would be the channel through which all the trade of 
one of the most populous, fertile, and wealthy regions of the western 
country would pass. Richmond, situated at the head of navigation, 
with its vast water power, extensive capital, and enterprising inhabit- 
ants, might become the Pittsburgh of Indiana. In short the whole 
country within its reach would be invigorated — new sources of trade, 
which are now unknown, or lying dormant for the want of an outlet, 
would be developed; among which may be enumerated pine, and min- 
eral coal, from the Ohio river — the former for building, and the latter 
for fuel. As a natural consequence, large tracts of fertile lands, now 
an unproductive forest, would soon be brought into profitable cultiva- 
tion, and thereby contribute towards the general wealth and pros- 
perity. 

The instrumental part of the survey was conducted by Nathan 
Smith, Esq., Senior Assistant Engineer, and Edmund Johnson, Esq. as 



255 

Jr. Assistant; both of these gentlemen are entitled to much praise for 
the faithful and correct manner in which they have discharged their 
respective duties. 

The accompanying map shows in detail the precise location of the 
line. 

All which is respectfully submitted. 

SIMPSON TORBERT, Engineer. 
J. L. Williams, 

Prin. Eng. State of Indiana, Indianapolis. 

[Here follows Table.] 



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257 



Mr. Cole introduced a bill (No. 23) enlitled an act to change a part 
of a state road therein named ; 

Which being read a 1st, 2d and 3d time by consent, and the question 
then recurring on its passage, the Senate decided in the affirmative. 
On motion, the Senate adjourned. 



MONDAY MORNING, Dec. 18, 1837. 

Senate assembled, 

Mr. Hoagland presented a petition from James M. Brewer and oth- 
ers, praying an act authorizing the qualified justices of the county of 
Scott, to constitute the Board doing county business, &c. ; 

Which was referred to a select committee composed of Messrs, 
Hoagland, Dunn and Daily. 

Mr. Ewing presented a petition and accompanying documents from 
John Plummer and others, praying for a law legalizing the sale of 
school section No. 16, lying in Cass county, fee. 

Which was referred to the judiciary committee. 

Mr. Green presented a petition from Thomas Cole and others, pray- 
ing the passage of a law to enable school commissioners to distribute 
the interest arising from the surplus revenue, &c. ; 

Which was referred to the commitee on education. 

Mr. Elliott of the committee of ways and means now reports: 

Mr. President — 

The committee of ways and means to whom was referred a resolu- 
tion inquiring into the expediency of extending lime to the several 
collectors in this stale until the 2d Monday in January in each year to 
pay into the State Treasury the revenue of the stale, have had the 
same under their consideration and have directed me to report, that 
it is inexpedient to legislate on that subject at this time. 

And on the question, will the Senate concur in the report? the ayes 
and noes were called for, 

Those who voted in the affirmative were^ 

Messrs. Baird of St. Jos., Beard of M., Bowen, Bradbury, Brady, 
Cathcart, Chambers, Clark, C«.le, Colerick, Crawford, Dunn, Elliott, 
Ewing, Hackett,Kennedy, Little, Motfitt, Moore, Morgan of R., Mount, 
Stafford, Stanford, Thompson of J., Thompson of L., Trask, Tuley, 
Walker, Watts of D., Watt of W., and Vawler— 31. 
33 



258 



Those who voted in the negative were, 

Messrs. Bell, Casey, Daily, Dobson, Dunning, Green, Hoagland, 
Mitchell, Morgan of D., Sigler, Smith, Stewart, Turman, and Thomp- 
BOD of P. — 14. 

So the report was concurred in. 

On motion of Mr. Clark, the report from the Board of Fund Com- 
missioners was taken from the table and referred to the committee on 
the Canal Fund. 

The following message was received from the House of Represen- 
tatives by Mr. Elliott their clerk: 

Mr. President — 

The House of Representatives have passed an engrossed bill of the 
Senate, 

No. 11 — An act to legalize the acts of Anthony F. Smith as asses- 
sor of Fulton county for the year 1837, without amendment. 

They have also passed an engrossed bill of the House of Represen- 
tatives, entitled, 

No. 7 — An act to amend an act entitled an act to appropriate the 
three per cent, fund in certain counties therein named, approved Feb. 
4th, 1837. 

The Speaker of the House of Representatives having signed en- 
grossed bills of the Senate, 

No. 5 — An act making appropriations of part of the three per cent, 
fund in Lawrence county ; 

No. 8 — An act to appropriate part of the three per cent, fund in 
Fountain county; 

And also an enrolled joint resolution of the House of Representa- 
tives, 

No. 14 — A memorial and joint resolution relative to the Wabash 
and Erie Canal ; 

I am directed to bring them to the Senate for the signature of the 
President thereof. 

The President having signed bills Nos. 5 and 8, and joint resolution 
No. 14, they were handed to the committee on enrolled bills, to be pre- 
sented to the Governor for his approval and signature. 

Bill No. 7, being read was, on motion of Mr. Chambers, read a se- 
cond time by consent; the rules of the Senate being further dispensed 
with, it was read a 3d time and passed. 

Ordered, That the Secretary inform the House of Representatives 
thereof. 

The following message was received from the House of Represen- 
tatives bj Mr. Elliott their clerk: 



259 

Mr. President — 

The House of Representatives have passed engrossed bills of the 
House of Representatives, entitled as follows, to-wit: 

No. 23— Ad act for the relief ot E. M. Jones; 

No. 25 — An act to incorporate the town of New Washington in 
Clark county, Indiana; 

In which the concurrence of the Senate is respectfully requested. 

Bill No. 23, being read was, on motion of Mr. Moffitt, read a 2d 
time by consent; the rules of the Senate being further dispensed with, 
it was read a 3d time and passed. 

Ordered, That the Secretary inform the House of Representatives 
thereof. 

Bill No. 25, being read, was on motion of Mr. Daily, read a 2d time 
by consent, and referred to the committee on corporations. 

The following message was received from the House of Represen- 
tatives by Mr. Elliott their clerk: 

Mr. President — 

The House of Representatives have adopted the following resolution: 

Resolved, (The Senate concurring), that the joint rules for the gov- 
ernment of both houses of this General Assembly, be so amended, that 
the joint committee on the State Library shall consist of such number 
of members as each house may appoint respectively. 

The House of Representatives have concurred in the amendment of 
the Senate to the resolution of the House, amending the joint rules of 
the two houses as not to restrict the number of members of each 
house on the joint committee on the "canal fund" by restricting the 
number to be appointed by each house to "eight." 

The Senate concurred in the resolution contained in the message, 
and ordered that the Secretary inform the House of Representatives 
thereof. 

Mr. Thompson of L. of the Judiciary committee now reports: 
Mr. President — 

The Judiciary Committee to whom was referred a resolution of the 
Senate instructing an inquiry into the expediency of so amending the 
criminal laws now in force in this state, as to abolish public executions, 
having directed me to submit to the Senate the following report: 

The committee have examined the subject of the resolution with 
much attention and labor, and have been assisted in their conclusion by 
the research of other states. 

It is a settled principle in our criminal jurisprudence, which is mark- 
ed upon every page of our statute book, that punishments should not 
be vindictive. It is this which contradistinguishes our own from the 



260 

codes of former times, when severity was deemed essential to the end 
and aim of justice. The essential requisiles of our laws being founded 
upon humanity, the aim of our criminal legislation is to prevent the 
repetition of crime. In the darker eras of civil government, when 
the practice of publicly executing criminals had its origin, justice was 
untempered with mercy. The agents of the law, bearing the brand of 
terror in their hands, impaled the poor culpret alive, mutilated him, 
broke him upon the wheel, transfixed his body to the stake, and left 
him bleaching in the wind, or, in the language of a distinguished wri- 
ter, "his mangled remains inhumanly exposed to the public gaze." The 
administration of the law, marked with all the indicia of cruelty, was 
an attempt to stifle the mandates of humanity, and pervert to instru- 
ments of malice, the essential attributes of justice. Rational humani- 
ty found no lodging place in the bosom of the executioner! and the 
feelings of the brutal populace, familiarized with scenes of blood and 
carnage, tended to increase offences "both in number and enormity," 
rather than effect a deminution of crime. 

It has afforded an interesting inquiry to the committee, to examine 
what results have been produced by these barbarous punishments and 
inhuman exposure of mangled and mutilated bodies. History has not 
been silent on this subject, and has furnishe J the examiner of its pages 
with ample and satisfactory evidence. Although the statistics of crime 
are by no means complete, yet it will appear manifest, upon examina- 
tion, that the mild spirit of modern institutions has greatly tended to 
its diminution — in proportion, indeed, nearly or quite parallel with a 
diminution of the severity and public exhibitions of punishments. — 
There is scarcely a nation of Europe, which has not done much to the 
repeal of those sanguinary statutes, which were the former vehicles of 
cruel punishment, and there is no speculation more interesting to the 
historian or legislator, than an examination of the gradual changes 
which have "softened the character of the people, and refined the pub- 
lic nnanners and opinions," — changes, too, which have been consequent 
upon those amendments of the criminal law. 

By a recent compilation on this subject by a learned legislator, in one 
of the slates of this Union, wc are informed that "during the reign of 
Henry VIII 72,000 persons were publicly executed in England, being 
an average of 2,000 each year. In the reign of Queen Elizabeth, 
400 were executed yearly. From the year 1825 to 1831 inclusive, 
out of 86,257 criminal convictions in England and Wales 9,316 were 
condemned to death; of which only 410, an average of 68 a year, 
were executed. In Ireland, for the same period, of 65,719 convictions, 
sentence of death was passed upon 1,814, and inflicted upon 224, or 
about 48 per year. In France, during the year 1826, of 4,348 persons 
convicted, 15C were condemned to death, most of whom were execu- 
ted. In Prussia, from 1818 to 1827,210 persons were capitally sen- 
tenced, only 87 of whom suffered death." From this compiled state- 
ment it will appear that in France the number of executions are great- 
er in proportion to the convictions, than in England, and it is worthy of 
remark, as a general principle, inferable from these premises, that of 



261 

fences are diminished in proportion as the means of education and mor- 
al improvement are enlarged, and the severity of punishment abated. 

One of the most striking features of our civil institutions is the prin- 
ciple of rational liberty which is breathed throughout them. The con- 
stitution of the United States, in the 8th article of the amendments 
thereto, contains the humane principle, upon which is founded all our 
criminal codes, that neither "cruel nor unusual punishment shall be in- 
flicted," end there is no state in (he Union, whose internal policy re- 
quires the punishment of death for more than ten enumerated crimes. 
This number bears but a small proportion when contrasted withthe 
number of otfences which are punishable with death in Europe. Some 
of the governments of that country demanding human life as an expi- 
ation foraboutone hundred and tifty crimes. By the revised laws of 
this state, there are but two offences punishable with death. Treason 
and Murder. And nothing appears more manifest when we examine 
this benevolent feature of our laws, and reflect upon the limited num- 
ber of executions within the jurisdiction of our state, than that if those 
few executions of criminals were effected without exposure to the 
public gaze and the gratification of an idle curiosity,a much more cor- 
rect and moral tone of feeling would prevail in all the varied and di- 
versified classes of society. 

The main arguments upon which those who advocate the policy of 
public executions predicate their opinions are, 

1. That they are calculated to deter others from the perpetration 
of crime, serve as a warning upon the mass of community, and admo- 
nish the spectator that punishment for offences is as certain as their 
perpetration. 

2. That executions should be public in order that society may be 
fully convinced, that the requirements of the law have been fully com- 
plied with. 

To the first of these propositions, in addition to the views previous- 
ly embraced in this report, the committee will adopt the language of a 
German writer who treats of this doctrine, in an article on criminal 
law to be found in the Encyclopedia Americana. That writer says: 

"By the punishment of the offender, others are to be deterred from si- 
milar acts. The punishment is, therefore, m^'icieA publicly ; and the 
more horrible the crime, the more effort is made to confirm the popu- 
lar abhorrence of it by severe penalties. 

"This system is liable to the most weighty objections. It cannot be al- 
lowed to put to death a human being, simply with a view that others 
may receive from his sufferings such an impression as to be proof a- 
gainst the temptation of crime. In point of/act^ this end has never 
BEEN ATTAINED, and would rcquirc a scale of punishment offensive to 
sound reason. The mere fear of punishment is of very little weight. 
Men are kept from crime principally from the natural abhorrence of 
wrong, heightened by a good education, and good example." 

Again, says the same writer: "It is evident that the sentiments of 
fnen, and their moral reformation, cannot be the direct object of legisla- 



262 

tion, from the very circumstance, that this effect is not of a kind to be 
ascertained. Ou the other hand, it is found by experience, that the 
punishment of death is not sufficient to deter men from the commission 
of offences to which they are strongly tempted by their passions or 
wants." 

These opinions are not peculiar to this writer, who has devoted 
much time to an examination of the history of crime, and the effects of 
punishment for its perpetration. Romily, in his work on Criminal Law, 
Sir Edward Cooke, Becaria, Bentham, Dagge, and numerous other 
authorities, amongst them several other writers in an English publica- 
tion on criminal jurisprudence, 1833; Rees'' Encyclopedia, and the Ed- 
inburg Encyclopedia, all concur in the belief that much good would be 
effected by the executions of criminals in secret, and that public exe- 
cution "have had a deleterious influence upon the public morals, bru- 
talizing the habits, exciting the morbid sj mpathies, and blunting the 
genuine sensibilities of the people." 

Dagge {^^Considerations on Criminal Law,''^) says: "The circumstance 
of example, which is often insisted on, does not seem to have so much 
weight as is often ascribed to it; for delinquents are frequently hardy 
enough to perpetrate the most atrocious crimes, even when malefac- 
tors are, for the same offences, expiring before their eyes, with all the 
dreadful circumstances of agony and infamy. Men whose depraved 
dispositions lead them to the perpetration of capital offences, are slight- 
ly , if at all affected by the sufferings and punishments of others!" "If 
even the dread of punishment, or the terror of example, comes across 
their thought, such reflections are soon obliterated by the flattering 
prospects which strike their senses and corrupt their judgment. The 
end of punishment, therefore, with regard to example, appears to be of 
less consideration than is generally imagined." 

"However," he continues, "political casuists may pride themselves 
in subtelizing and reconciling moral repugnances with public necessi- 
ty, we may venture to conclude that whatever shocks the common 
sense and feelings of mankind, is faulty in its original establishment." 
Severe laws, it will be allowed, are best calculated for the support of 
despotic power, but moderate governments are to be maintained by a 
milder system. Therefore, the great stress which has been laid on 
the advantage of public executions, seems to rest on a weak founda- 
tion; for they who are endued with a great degree of sensibility, will 
not behold them, and hardened offenders view them without being af- 
fected by them. Moral habits are not to be enforced by criminal laws; 
they are to be inculcated by moderation and good example; but the 
principal means of making virtue habitual, is to sow the seeds of it in 
early education." 

In that highly useful and interesting English treatise, entitled "Old 
Bailey Experience, &c." the author in allusion to the "effects of exe- 
cutions" says: 

"The well known fact, that in every country where the laws are 
most severe, the people are most in the habit of committing crime, 
would of itself be thought quite sufficiently striking to convince all law 



363 

makers of the inutility and fallacy of relying on sanguinary punish- 
ments as deterring men from crime. Fazakerly says, with great truth 
"Sir, there is something in the nature of man, that disdains to be ter- 
rified, and therefore severe punishments have never been found effec- 
tual for preventing crime." Again: "It cannot be that men commit 
crimes for the sake of daring death, yet their numbers increase with the 
penalty. Another cause must therefore be sought. Is it excitement? 
Boys sat/, their first ideas of crime came on while roitnessing an execution. 
This fact, which is indisputable, proves that there is some strange and 
hitherto unexplained compound principle of action in the human spe- 
cies. One effect is sufficiently evident, that it hardens and brutalizes 
all who witness these scenes, and all who are concerned in carrying the 
law into effect." 

This same work, from which the committee have quoted so liberally, 
contains a letter from the Rev. Dr. Ford, Chaplain or ordinary of the 
Newgate prison, on the efficacy of executions, in which that writer 
remarks: 

"From every thing I have witnessed on these melancholy occasions, 
I am decidedly clear, that executions, managed as they are at pre- 
sent, answer no end whatever, either for punishment or example." 
The same writercontinues in the following energetic strain: 
"At length," says he, "the long dreaded morning arrives, he knows 
he must quit this world, and he may as well do so with a good grace 
as not. What would his old associates say if they were to behold him 
die soft? (as the phrase is.) His memory would be despised and had 
in abomination! He mounts the drop resolute in appearance, howev- 
er he may be within; bows to the spectators; shakes hands with the 
ordinary, and such others as may be with him travelling the same 
journey; and is 'launched into eternity.' This man is not punished, 
nor are his compeers intimidated. It is like the acting of a tragedy — 
a momentary tear of pity may be shed, but the next ribaldry obliter- 
ates the whole of the foregoing catastrophe. For argument's sake, 
we will suppose the convict a true penitent, and resigned to his fate, 
with a full trust in, or even a modest hope of salvation. The specta- 
tors are ignorant of what is passing in his mind, but they see him re- 
signed in his countenance, consequently they are not intimidated by 
his example." 

The committee have been thus minute in examining the opinions of 
some of the most profound philanthropists, and writers upon criminal 
jurisprudence, because the subject embraced in the resolution of the 
Senate, has been the subject of much reflection and speculation in 
some of our sister states; and is one every way worthy of deep delibe- 
ration. Many of those who have examined the subject, it is true, have 
persuaded themselves to believe, that an entire abolition of capital 
punishment would conduce to the public good; but the committee 
have been enabled to find no opinion which doss not justify the ex- 
pression, that "public exhibitions of the punishment of death, while 
they have little or no effect in deterring from crime, are of a positively 
injurious and demoralizing tendency." This sentiment is sustained 



264 

to(>, by those who have witnessed the manner of conducting publid 
executions in this country. Who constitute the nriass of the gazing and 
gaping multitude, which throngs around the scaffold of the dying con- 
vict? Are those whose deep tone of moral feeling, checks the ba- 
ser passions of human nature, and draws a nice distinction between 
right and wrong, the idler gazers upon an occasion so lamentable and 
heart-rending? Or rather, do you^not find there, the dissipated and the 
riotous, whose animal feelings alone are to be excited, and whose souls 
are deadened to the tenderer impulses of the human heart? It may 
be, that the minister of the gospel, in the discharge of a high and holy 
duty, attends upon the last ceremonies of execution, and pours the 
oil of religious consolation into the bosom of the penitent, as his soul 
wings its flight to another world; but how different is his intense re» 
flection, from the idle curiosity of the mob? The executioner may be 
there, the indispensible minister of the violated law, and he may feel 
the deepest sympathy, and view the scene as rather an act of depotism 
than of justice, but no torturing anguish fills the bosoms of the attend- 
ant idlers. To them it appears bat the affair of the moment, and the 
violent death, the shrugging of the muscles is forgotten with that mo- 
ment. They have seen it once, witnessed its terrors, but their propen- 
sities for crime are not checked, and with the passing away of the 
scene, indulgence and revenge resume their throne. 

And how much better prepared would be the culprit to meet his 
fate, were he assured that his execution would not be attended with 
all the "pomp and circumstance" of military parade, and he not an 
object of curiosity to a mass of his fellow beings, who feel no sympa- 
thy for him, and whose compassion he could not expect. Attended 
only by the witnesses and agents of the law, he could turn his thoughts 
upon himself; — he could reflect upon the hour of his dissolution, and 
feel that it was solemn and impressive. There would be no bracing 
of the nerve to meet and return the public gaze, and the look of his 
old associates in crime, and he could then realize that he had to die. 
He could enjoy the solemnity of silence, and realize the justice of his 
sentence. He could meet the solemn crisis wilh a " broken and con- 
trite heart," with true contrition and sincere repentance. 

Upon the second proposition — that the community should have am- 
ple evidence of the execution — the committee will not detain the Sen- 
ate. Punishments should be certain, or the law is an encumbrance 
to the statute book. This certainly can be guarded, by appointing a 
specified number of officers and citizens, who shall attend upon the 
execution, as public witnesses not as private spectators. An attested 
account of it will give the public ample evidence, and humanity will 
be satisfied, and the public morals subserved. 

In several of the States of the Union, the practice of executing crim- 
inals in public has been abolished. In Pennsylvania, Massachusetts, 
New Jersey and New York, the plan proposed by the committee has 
been adopted, and has been found much conducive to the public good, 
by effecting a diminution of crime. The governor of Ohio in his re- 



265 

eent message to the present General Assembly of that State, in allu- 
sion to the subject, says — 

" The certainty of punishment is one of the greatest restraiuts upon 
the commission of crime. In cases where our laws affix capital punish- 
ment, it is believed that many escape from the repugnance we all have 
to the taking away of the life of a human beiog. That public execu- 
tions, and publications of confessions made by culprits, generally exag- 
gerated, and at all times of doubtful authenticity, have a most danger- 
ous and pernicious influence upon society, I have long believed. The 
pomp, parade, and circumstance that accompany them, by heroizing 
their subjects, instead of being a terror to the vicious and lawless, such 
is the vanity and frailty of poor human nature, that in place of shrink- 
ing from the spectacle, they seek the notoriety, and thirst for the dis- 
tinction." 

In this opinion of the governor of Ohio, a majority of the committee 
concur; and entertaining the views upon this important subject, which 
they now communicate to the Senate, thay have instructed me to re- 
port the following bill, entitled — 

"A bill (No. 24,) to abolish public executions;" which being read, 
was passed to a second reading on to-morrow. 

On motion of Mr. Thompson of L., 

Bill (No. 2,) entitled " a bill to provide for the division of the 7th 
and the formation of the 10th judicial circuits and for other purposes," 
was taken from the table. 

Mr. Thompson of L. moved to amend by striking out from said bill, 
after section 2nd, and insert amendment altering the time of holding 
the courts in said circuit; which was agreed to. 

Mr. Kennedy further moved to amend, by inserting, after the 4th 
section, three additional sections, providing for the formation of the 
11th judicial circuit; which was also agreed to. 

Mr. Clark then moved to commit the bill to the judiciary committee 
with instructions to equalize the several judicial circuits, as nearly as 
possible. 

Mr. Ewing moved to amend, by inserting, "select committee," in- 
stead of the judiciary ; which was agreed to. 

Mr. Dunning moved a further amendment, by adding "and to form 
such additional circuits as said committee may think expedient;" — 
which was adopted. 

The question being put, "shall the bill be so referred?" the Senate 
decided in the affirmative. 

Ordered^ That Messrs. Clark, Dunning, Thompson of P., Kennedy, 
Baird of St. Joseph, Thompson of L., Dunn, Colerick and Brady be 
that committee. 

On motion. Senate adjourned. 

34 



266 

2 o'clock^ P. M, 
Senate assembled. 

Mr. Cole offered the following resolution: 

Resolved, That the committee on canals and internal improvements 
be instructed to inquire into the expediency of reporting a bill author- 
izing by law the Fund Commissioners, and investing ihem with full 
power and authority to compromise any claim the State of Indiana 
may have on Messrs. Cohens of Baltimore, and Josephs of New York, 
so as to release their liabilities to the State; or in any other manner 
that may be deemed expedient by said committee, to secure said claim 
to the State. 

Mr. Clark moved to strike out the words "canals and internal im- 
provements," and insert, "the canal fund;'' which was agreed to. 

The question then being "shall the resolution as amended be adopt- 
ed?" and the Senate decided in the affirmative. 

On motion of Mr. Morgan of R.,, 

Resolved, That the committee on roads be instructed to inquire into 
the expediency of providing by law, that supervisors of roads shall 
not call out the hands in their districts more than four days in one 
year for personal privileges, nor call on any person for road tax ex- 
ceeding double the amount of the per cent, fixed by the board doing 
county business. Also to inquire into the expediency of a general re- 
vision of the road law, with leave to report by bill or otherwise. 

Mr. Ewing from the committee on enrolled bills, now reports — 

Mr. President — 

The joint committee on enrolled bills report, that they did on this 
day present to his Excellency the Governor for his approval and sig- 
nature, bills of the following titles, to-wit: 

No. 5 — An act making an appropriation of the three per cent, fund 
in Lawrence county; 

No. 8 — An act to appropriate a part of the three per cent, fund in 
Fountain county; also, 

No. 14 — A memorial and joint resolution relative to the Wabash 
and Erie Canal. 

On motion of Mr. MofBtt, 

Resolved, That the committee upon education be instructed to in- 
quire into the expediency of so amending the 1st section of the 3d 
chapter of an act incorporating congressional townships and providing 
for public schools therein, as to provide for the election of township 
trustees on the first Monday of April in each year; also that an elec- 
tion may be held at the same time and place, to determine upon the 
sale of any school lands in the respective townships which may remain 
unsold. 

On motion of Mr. Stewart, 

Resolved, That the committee of ways and means be instructed to 
inquire into the expediency of so amending the amendment of last ses- 



267 

sioD to the revenue law, so as to compel pedlars of clocks to pay a li- 
cense, with leave to report by bill or otherwise. 
On motion of Mr. Mitchell, 
Resolved, That the judiciary committee be instructed to inquire in- 
to the expediency of so amending the law in relation to the selection 
of grand jurors, as to prohibit the sheriff or any other officer of the 
court to appoint or nominate talismen to fill up those juries. 
On motion of Mr. Crawford, 
Resolved, That the committee on canals and internal improvements 
be instructed to inquire into the expediency of the state taking the 
amount of stock reserved for the use of the state in the charter incor- 
porating the Buffalo and Mississippi Rail Road Company, with leave 
to report by bill or otherwise, 

Mr. Trask offered the following resolution: 

Resolved, That the judiciary committee be instructed to take into 
consideration the expediency of so altering the law regulating the 
conveyance of real estate, as that it shall not be necessary for a wife 
to join with her husband except in cases where the real property de- 
scended to the wife, or may have been bought with her money. 

Mr. Morgan of R. proposed to amend by adding, also to inquire in- 
to the expediency of allowing the wife to hold real and personal estate 
in her own name. 

Which was agreed to. 

Mr. Kennedy offered to amend farther byadding, also that the com* 
mittee be instructed to inquire into the expediency of so amending the 
laws, as to make the wife the only heir of her deceased husband. 

And on motion, the resolution and amendments were laid upon the 
table. 

Mr. Tuley offered the following resolution: 

Resolved, That the standing committee on roads be requested to in- 
quire into the expediency of so amending the law regulating the open- 
ing and keeping in repair of public highways, as to appropriate all 
fines and forfeitures of supervisors for neglect of duty on the district, 
to which the supervisor or supervisors may have been appointed tor 
the further improvement of the roads; and that the said committee be 
requested to inquire into the expediency of subjecting the supervisors 
of roads to pay all damages which may hereafter be sustained by wag- 
oners and persons travelling in carriages by reason of the roads being 
kept in bad order from the negligence of said supervisors. 

Mr. Morgan of R. proposed to amend by striking out the words, by 
wagoners and persons travelling in carriages, 
Which was agreed to. 
The resolution as amended was then adopted. 

On motion of Mr. Colerick, 
Resolved, That the committee on canals and internal improvements 
inquire into the expediency of creating a sinking fund to aid in paying 
the interest accruing on the state bonds for money loaned to carry on 
the system of internal improvements. 
On motion of Mr. Brady, 



268 

Resolved^ That so much of the Treasurer ofState's report as relates 
to the imperfect condition of the roof upon the capitol be referred to 
the standing committee on public buildings; and further that they in- 
quire whether it would not be necessary to adopt some measure pre- 
paratory for the re-covering of said house, with some better material 
than the present, with leave to report by bill or otherwise. 

Mr. Moore offered the following resolution: 

Resolved, That the Senate will (the House of Representatives con- 
curring therein), commence a revision of the acts of the General As- 
sembly of the State of Indiana, from 1831 up to 1 838 ; 

Which was not agreed to. 

Mr. Thompson of P. introduced a bill (No. 25), entitled a bill "to in- 
corporate the American Cannail Coal Company;" 

Which being read a second time by consent, was referred to the 
committee on corporations. 

The following message was received from his Excellency the Co- 
ver by Mr. Maguire his private Secretary: 

Mr. President — 

I am requested by the Governor to inform the Senate that he did, 
on this day, approve and sign 

A memorial and joint resolution relative to the Wabash and Erie 
canal; which originated in the House of Represenlatives; 

And also acts which originated in the Senate, entitled, 

An act making an appropriation of part of the three per cent, fund 
in Lawrence county, and 

An act to appropriate a part of the three per cent, fund in Fountain 
county. 

Mr. Trask introduced a bill No. 26, entitled 

A bill No. 26, to incorporate the Marion and Mississinewa bridge 
company, which being read a 2d time, by consent was referred to the 
committee on corporations. 

Mr. Kennedy introduced a joint resolution. No. 27, on the subject 
of the Cross-Cut canal to connect the White Water with the Central 
canal, which was passed to a 2d reading on to-morrow. 

On motion of Mr. Thompson of L., 

Resolved,That that part of the message of his excellency the Gov- 
ernor, which relates to the request oftheStateof Kentucky, asking the 
protection of our laws against the seduction and concealment of the 
slaves of her citizens, when they escape and as they pass along the 
Ohio river, in the service of their masters, together with the pream- 
ble and joint resolution of the legislature of Kentucky on that sub- 
ject, be referred to the committee on the judiciary. 

On motion of Mr. Coles the resolution and amendments relative to 
instructing the judiciary committee to report whether in their opin- 
ion the State Bank has forfeited its charter by suspending specie pay- 
ment, were taken from the table. 

The question was then on the amendment of the Senator from De- 
laware to the amendment; which being put, was negatived. 



269 

The question then recurred upon the amendment of the Senator 
from Carroll; which was also negatived. 

Mr. Morgan proposed to amend the resolution by adding, "or any 
transaction connected with the suspension;" which was not agreed to. 

Mr. Clark moved to strike out the words "or by any other act con- 
nected with Bank transactions;" which was agreed to. 

Mr. Trask moved to amend by inserting the words "after an exami- 
nation of said Bank has been made by an agent appointed by the legis- 
lature;" not agreed to. 

Mr. Mitchell moved to strike out after the word resolved and insert 
That a select committee of five be appointed to investigate the trans- 
actions of the State Bank and Branches, with power to send for per- 
sons and papers, and report whether the Bank or either of its Branch- 
es have violated their charter to the Governor of the State and to this 
Senate. 

On motion, Senate adjourned. 



TUESDAY MORNING, Dec. 19, 1837. 
Senate assembled. 

Mr. Elliott from the committee on ways and means, now reports — 
Mr. President — 

The committee of ways and means, to whom was referred a resolu- 
tion to inquire into the expediency of so amending the revenue law, as 
to dispense with the collectors travelling over the countiea to demand 
their taxes, have had the same under their consideration and have di- 
rected me to report the following bill, entitled 

"A bill (No. 28,) to amend an act for assessing and collecting the 
public revenue," approved Feb. 10, 1831; which being read, was or- 
dered to a second reading on tomorrow. 

Mr. Colerick, of the committee on the canal fund, now reports — 

Mr. President — 

The committee on the canal fund, to whom was referred the report 
of the board of fund commissioners relating to the failurs of the Messrs. 
Cohens of the city of Baltimore, and the Messrs. Josephs of the city of 
New York, have had the same under consideration, and directed me 
to report a bill, entitled 

"A bill (No. 29,) to authorize the fund commissioners to settle with 
certain debtors of the State;" which being read, 

Mr. Colerick moved to suspend the rules, and that the bill be read 
a second time now. 



270 
Upon which motion the ayes and noes were called, 
Those who voted in the affirmative were, 

Messrs. Baird of St. Joseph, Beard of M., Bell, Bowen, Bradbury, 
Brady, Cathcart, Chambers, Clark, Cole, Colerick, Crawford, Dunn, 
Dunning, Elliott, Ewing, Hacket, Kennedy, Moffit, Moore, Morgan of 
R., Mount, Puett, Sigler, Stafford, Stanford, Thompson of J., Thomp- 
son of L., Tuley, Walker, Watt of U. and Vawter— 32. 

Those who voted in the negative were, 

Messrs. Casey, Daily, Dobson, Finch, Green, Hoagland, Little, 
Mitchell, Morgan of D., Smith, Stewart, Terman, Thompson of P., 
Trask, and Watts of D — 15. 

It was therefore read a second time; and 

On motion of Mr. Cole, 

The rules were further dispensed, and the bill read a third time. 

The question then was, shall the bill pass? The ayes and noes be- 
ing called for — 

Those who voted in the affirmative were, 

Messrs. Baird of St. Jos., Beard of M., Bell, Bowen, Bradbury. Brady, 
Cathcart, Chambers, Clark, Colerick, Crawford, Dobson, Dunn, Dun- 
ning, Elliott, Ewing, Green, Hackett, Hoagland, Kennedy, Little, 
Moffitt, Moore, Morgan of D., Morgan of R., Mount, Puett, Sigler, 
Stafibrd Stanford, Thompson, of J., Thompson of L., Thompson of P., 
Trask, Tuley, Walker, Watts of D. Watt of U. and Vawter— 40. 

Those who voted in the negative were, 

Messrs. Casey, Daily, Finch, Mitchell, Smith, Stewart, and Ter- , 
man. — 7. 

So the bill passed. 

Mr. Stanford of the committee on enrolled bills, reports — 

Mr. President — 

The joint committee on enrolled bills now report that they have 
compared the enrolling with the engrossed bill of the Senate, No. 11, 
entitled, an act to legalize the acts of Anthony F. Smith, as assessor of 
Fulton county, for the year 1837, and find the same truly enrolled. 

Mr. Thompson of P., of committee on corporations, now reports — 

Mr. President — 

The committee on corporations, to whom was referred a bill of the 
Senate, entitled, 

"A bill (No. 25) to incorporate the American Cannail Coal Compa- 
ny," have had the same under consideration, and have made several 



271 

amendments, to which the concurrence of the Senate is respectively 
requested. 

The several amendments herein mentioned, were severally concur- 
red in and adopted by consent. 

On motion of Mr. Thompson of P., 

The rules were dispensed with, and the bill considered as engrossed 
and read a third time and passed. 

Ordered,, That the House be informed thereof. 

Leave being granted, Mr. Dunn introduced a "joint resolution (No, 
30,) on the State Bank. 

Mr. Thompson of L. moved to suspend the rules, and that it be read 
a second time now; on which motion the ayes and noes were called. 

Those who voted in the affirmative were, 

Messrs. Baird of St. Joseph, Beard of M.,Bowen, Bradbury, Cham- 
bers, Cole, Crawford, Dunn, Elliott, Finch, Morgan of D., Sigler, Staf- 
ford, Stanford, Thompson of J., Thompson of L., Walker and Vawter 
—18. 

Those who voted in the negative were, 

Messrs. Bell, Brady, Casey, Cathcart, Clark, Colerick, Daily, Dob- 
son, Dunning, Ewing, Green, Racket, Hoagland, Kennedy, Little, 
Mitchell, Moffit, Moore, Morgan of R., Mount, Puett, Smilh,'Stewart, 
Turman, Thompson of P., Trask, Tuley, Watts of D. and Watt of U. 
—29. 

So said rules were not suspended; it was therefore ordered to a se- 
cond reading on to-morrow. 

The amendment of the senator from Harrison, who proposed to a- 
mend a resolution relative to State Bank, as regards the forfeiture of 
its charter, and which was pending last evening, was taken up for 
further consideration. 

The question being on striking out from the resolution of the sena- 
tor from Owen, all after the resolving clause. The ayes and noes 
were called. 

Those who voted in the affirmative were, 
Messrs. Brady, Hoagland, Mitchell Morgan of R., Stanford, Stewart, 
Turman, Trask, and Walker.— 9. 

Those who voted in the negative were, 

Messrs. Baird of St. Joseph, Beard ofM., Bell, Bowen, Bradbury, 
Casey Cathcart, Chambers, Clark, Colerick, Crawford, Daily, Dobson, 
Dunn, Dunning, Elliott, Finch, Green, Hacket, Kennedy, Little, Mof- 
fitt, Morgan of D., Mount, Puett, Sigler, Smith, Thompson of J., 
Thompsom of L., Thompson of P., Tuley, Watts of D., Watt of C. 
and Vawter — 34. 

So the resolution was not stricken out. 



272 

The question then recurred on the adoption of the resolution J the 
ayes and noes being called for — 

Those who voted in the affirmative were, 

Messrs. Baird of St. Joseph, Bell, Bowen, Bradbury, Brady, Casey. 
Cathcart, Chambers, Clark, Colerick, Crawford, Daily, Dobson, Dunn, 
Dunning, Elliott, Ewing, Finch, Green, Hacket, Hoagland, Kennedy, 
Little, Mofl&tt, Ma.rgan of R., Mount, Puett, Sigler, Smith, Stanford, 
Stewart, Turman, Thompson of J., Thompson of L., Thompson of P., 
Tuley, Walker, Watts of D., Watt of U. and Vawter.— 40. 

Those who voted in the negative were, 

Messrs. Beard of M., Mitchell, Morgan of D. and Trask. — 4. 
So the resolution was adopted. 
On motion, the Senate adjourned. 

"Z o'clock, P, M. 

Senate assembled. 

Mr. Colerick offered the following resolution t 

Resolved, That the committee on the State Bank inquire into the 
expediency of authorizing the State Bank to issue bills of a lower de- 
nomination than five dollars, and to report by bill or otherwise* 

Mr. Sigler moved to amend by striking out the words "inquire into 
the expediency," and insert in their place, "report a bill;" 

Which was not adopted. 

The question then was, shall the resolution as amended be adopted? 
the ayes and noes being called for. 

Those who voted in the" affirmative were, 

Messrs. Colerick, Morgan of R., Stanford, Trask, and Vawter — 5. 

Those who voted in the negative were, 

Messrs. Baird of St. J., Beard of M., Bell, Bowen, Bradbury, Brady, 
Casey, Cathcart, Chambers, Clark, Cole, Crawford, Daily, Dobson, 
Dunn, Dunning, Elliott, Ewing, Finch, Green, Hackett, Hoagland, 
Kennedy, Little, Mitchell, Moffilt, Moore, Morgan of D., Mount, Pu- 
ett, Sigler, Smith, Stafford, Stewart, Turman, Thompson of J., Thomp- 
son of L., Thoftipson of P., Tuley, Walker, Watts of D., and Watt of 
U.— 43. 

So the resolution was not adopted. 
On motion of Mr. Vawter. 

Resolved, That the Secretary of State be and he is hereby authori- 
zed to suspend in the Senate chamber, such maps of the several states 
of the Union as may be in the office of said Secretary. 



273 

On motion of Mr. Moffitt, 

Hesolved, That the judiciary committee be instructed to inquire into 
the expediency of so amending the practice act as to extend the sta- 
tute of limitations lo notes of hand whether sealed or unsealed. 

Leave being granted, Mr. Hoagland introduced a bill No. 31, enti- 
tled a bill (o amend the 42d section of an act entitled act relating to 
state roads, approved Feb. €th, 1 837. 

The rules of the Senate being dispensed with, it was read a second 
time, and considered as engrossed and ordered to a 3d reading on to- 
morrow. 

Leave being granted, Mr. Thompson of P., introduced a bill No. 32, 
entitled a bill to amend the act regulating the practice in chancery. 

The rules being dispensed with, it was read a 2d time and referred 
to the judiciary committee. 

The following message was received from the House of Represeota- 
tiTCS by Mr. Elliott their clerk.- 

Mr. President — 

The House of Representatives have passed a joint memorial of the 
Senate, 

No. 6 — A joint memorial of the General Assembly of the State of 
Indiana in relation to the harbor at Michigan City, without amendment. 

And also an engrossed bill of the House of Representatives, 

No. 32 — An act to legalize the acts of the Fayette county Bridge 
Commissioners. 

In which the concurrence of the Senate is respectfully requested. 

The Speaker of the House of Representatives having signed an en- 
rolled bill of the Senate, entitled. 

No. 1 1 — An act to legalize the acts of Anthony F. Smith, as assessor 
of Fulton county for the year 1 837, 

I am directed to bring it to the Senate for the signature of the Pre- 
sident thereof. 

The bill No. 32, mentioned in the message, being read a 1st time, 
the rules of the Senate were dispensed with, and it was read a 2d and 
3d time and passed. 

Ordered, That the Secretary inform the House of Representatives 
thereof. 

The President having signed bill No. 11, it was handed to the com- 
mittee on enrolled bills to be presented to the Governor for his appro- 
val and signature. 

Mr. Kennedy ofTered the following resolution: 

Resoived, That the judiciary committee be instructed.4o report a 
bill making it penal and subject to a fine of ten dollars, to pass, tender, 
or receive,in payment of any debt, or in change, in any business trans- 
actions, any draft, certificate of deposite, or order under the^amount o( 
five dollars, on any Banking company within the United States. 
35 



274 

Mr. Clark moved lo amend by striking out Ibe words "to report a 
bill," and insert "to inquire into the expediency;" 
Which was adopted. 

On motion, the Senate adjourned. 



WEDNESDAY MORNING, Dec. 20, 1837. 

Senate assembled. 

The President laid before the Senate the "Annual report of the Di- 
rectors of the Lawrenceburgh and Indianapolis Rail Road Company.'^ 

On motion of Mr. Walker, it was laid on the table; and 300 copres 
ordered to be printed. 

To the Honorable the General Assembly of the State of Indiana : 

The Board of Directors of the Lawrenceburgh and IndianapoUs Rail 
Road Company, in pursuance of the requisition of their charter, 
now present to the General Assembly, their annual statement of 
their operations, during the past year, and of the present condition 
of the company. 

At the date of the last report, the company had received in payment 
ofstock something over ^100,000, and had expended something over 
$33,000. The whole amount received is $232,274 68, and the ex- 
penditures amount to $53,345 98. 

There remains now in the treasury of the company, in cash, ^12,- 
624 60, and they have loaned out in safe hands the sum of $176,- 
422 07, to be called for. 

In August, 1836, the company had offered to let the sections on their 
road, embracing a distance of ten miles, beginning at (he river. Sat- 
isfactory bids could only be obtained for about one half these sections, 
extending over the first seven miles, with the exception of two inter- 
vening sections. These lettings amounted to $65,349. The compa- 
ny not having been able to cash any portion of the State bonds held by 
them until late in October, but little work was done that season, 
though some was done on each section under contract. 

In February, $121,000 of State bonds were sold to the United States 
for the benefit of some southern Indians; $41,000 was paid down, and 
the residue stipulated to be paid out of the proceeds of sales of lands 
reserved for that purpose, the whole payment to be completed by the 
first July, 1837. The company having received the proceeds of the 
100,000 dollars of State bonds, so late in the season, that but little 
could be then used, had placed $80,000 of it out at interest, to meet 
as far as possible, the interest becoming due on the State bonds, and 
presuming there could be no doubt of their receiving, in due time, the 
$80,000 from the United States, they forthwith placed out at interest 
$30,000 of the 41,000 received in February. The sums then, and be- 



275 

coming due being amply sufficient to meet all the present engagements 
of the company, and all such as they intended to create that season; 
it being deemed unadvisable at the then high price of labor and pro- 
visions to do any more than to fill out the contracts for the first seven 
miles, which to complete would have required an expenditure of up- 
wards of 100,000 dollars. 

As spring approached, the Board organized their corps of Engi- 
neersj procured a full supply of new instruments, tents, and all the 
equipments necessary and proper for the active employment designated 
for the season, which was the final location of the road as far as Na- 
poleon, the running of the experimental lines or surveys of the Rush- 
ville Branch, and at the same time an active prosecution and superin- 
tendence of the work under contract. The Board had also succeeded 
in letting one of the remfiining sections and were industriously seek- 
ing a bid fertile other so as to complete the full distance of 7 miles, 
the graduation and masonry on which, they flattered themselves, would 
have been completed by the close of the next season. 

In this situation was the company found by the general stoppage of 
the Banks last spring — an event that appalled the most resolute, and 
found unprepared the most cautious. Its effects upon this company 
were most disastrous. The Board was immediately informed by the 
Secretary of the United States Treasury, that the government could 
not comply with its engagements to pay the 80,000 dollars for the state 
bonds in her hands, nor did he know when he could pay it. They 
were thus deprived of the resources expected to meet the expenditures 
of the season, no reasonable prospect existed in the then prostration of 
all credit and confidence, that the state bonds thus thrown back on 
their lands could be soon disposed of, but at a ruinous sacrifice, and 
their fears were fully realized, for not until several months after, could 
a sale be effected. I'he money loaned out by the company, being in 
the hands of the business men of the country, who were bending un- 
der the blast then sweeping over the land, rendered it impossible that 
the company should enforce its re-payment, without aggravating the 
distress of the times. 

It was therefore with the utmost regret that the Board felt constrain- 
ed to order the suspension of all further operations until a change of 
times should take place. This order was passed on the 19lh day of 
May, and the agent of the company forthwith proceeded to settle up 
and discharge the contractors wherever it could be effected to the sat- 
isfaction of both parties — and looking to a renewal of the undertaking 
at the first favorable moment, they have made a purchase of most of 
the buildings and fixtures of the contractors, and have also continued 
the works on such contracts as being in an unfinisned state would have 
been injured by the delay. There has been accordingly expended, 
since the order of suspension, 9,959 dollars, and the company are now 
paying out over ^2000 per month, mostly on the masonry and gradua- 
tion of the first section, which requires an expenditure of near ,fl 2,000 
for its completion, and to place it out of danger of injury. 



276 

The board hope to have this part of the road placed in this situa- 
tion by next spring, and that contract will then form a continuous and 
complete road bed for 14 miles. Upon the other contracts all the 
grubbing and clearing has been done, most of the drains and culverts 
built of substantial stone masonary, and much of the excavation and 
embankment made. 

Having thus gone through with a simple detail of their last year's 
operations, the board beg leave to call your attention to a few explana- 
tions connected with the same. When approaching your honorable 
body on this subject, the board feel sensible they do not under the 
most unfavorable circumstances. 

The proceedings of the company have been so misrepresented by 
those inimical to the progress of the work, or who were desirous of 
injuring individuals connected with it; that much embarrassment has 
been occasioned thereby, and a cloud of prejudices thrown around the 
undertaking, threatening its ftrture success, and also injurious to the 
reputation of those who have had the unthankful task of managing its 
affairs. 

Much censure has been cast upon the company for the late suspen- 
sion, to which reference has just been made, and that occurrence has 
been seized upon as proof, that the individuals comprising it were 
never sincfere in their expectations and intentions of making the road. 
It is believed, that a reference to the continued efforts to carry on this 
undertaking, made under the embarrassing circumstances which have 
surrounded its very commencement, must relieve its agents from any 
imputations of this kind. 

Entirely in advance of every other work of the kind in the 
State the citizens on this line procured an Engineer with the necessa- 
ry instruments and assistance, and progressed with an expeiimental 
survey of the route for nearly half its distance, and until the death of 
the principal Engineer put a stop to their progress. Not discourag- 
ed, and without waiting for State assistance, they boldly put under 
contract the first and most expensive section on the line, having no 
more means than barely sufficient to defray that expense, relying for 
the future, alone on the merits of the undertaking being such as at the 
proper time to demand the consideration of your honorable body, and 
to call out the aid of the rich and extensive country interested in its 
completion. 

Convinced, as the friends of this undertaking always were, that it 
was the work most important for the general business of the State-^ 
that it was the cheapest and best line projected from the Ohio, as has 
since been verified by the examinations made by the Engineers both 
of the State and of this company. That a country depended upon it 
for an outlet more populous, fertile, and paying as much revenue as 
that depending upon any other work projected in the State. It cer- 
tainly ought to be set down to their credit, that while other interests 
were standing idle, refusing to do any thing for themselves, clamoring 
for State works, this one was still offering to do all in its power, and 



only asked for such assistance as could in no wise embarrass the 
State. 

It is in no spirit of re-crimination that the Board could allude to 
the manner in which their request was treated, but it is necessary that 
the true causes of their failure to do more than has been done, should 
be made known in order to acquit themselves before the community. 

If at the time alluded to, all the applicants for State favor had been 
treated alike, if no rival roads had been elevated, fostered and encour- 
aged by the legislature, to the disadvantage of others, this road would 
have still stood pre-eminent, and would have now been much nearer 
its completion. 

And it is believed that this interest could still have maintained itself 
if but the aid asked of the legislature, had been granted, without the 
most burthensome restrictions. 

The company asked but for the credit of the State for $500,000, 
being only half the sum necessary to complete their undertaking as 
originally contemplated; and this when granted was clogged by the 
annexation of the Madison road, thus forcing this company into an un- 
natural partnership with a rival interest; and as if this was not enough 
to prostrate their energies, they were compelled to incur an addition- 
al expenditure nearly equal to the amount of credit thus extended. 
That they should yet have persevered under these circumstances, 
surely discloses no want of zeal or energy on the part of its friends. 

It remains then for the board to express their decided belief that 
the burthen thus imposed upon this grant by the General Assembly 
were the main causes of the failure to obtain the benefit expected 
from it. Every effort that men could make were made to inspire the 
public with confidence in the undertaking, and to induce them to take 
up our stock. Among other inducements held out, and one which the 
board felt every confidence would be successful, was the promise that 
such portions of the money, not wanted for immediate use, should be 
loaned out to theslockholders to be repaid as the company should pro- 
gress with the work. This circumstance has occasioned much clamor, 
and the motives of the board in making the offer have been called in 
question. They humbly conceive, however, that it was as well a mea- 
sure of prudence as good policy; the object of the board was to hold 
out such advantages to the public as should overcome the additional 
impediments thrown upon the undertaking, by the act of the Legisla- 
ture. 

If it had ben successful, and the whole amount of the 500,000 dol- 
lars been obtained, the board would have got possession of 200,000 
for immediate use, and would have had coming in $150,000 each 
year thereafter for two years; this with what might have been expect- 
ed from other sources, would have been a fair amount to have expend- 
ed in those periods. In the meantime these sums of money loaned 
out, would aid in paying the interest falling due the State, and being 
scatteded over the line would have been most usefully applied to the 
opening up and extending to the farms, thereby rendering those mort- 
gaged to the State more valuable, and more productive. The coun- 



278 

try would thus have been prepared for the road, and a largely increas* 
ed amount of products would have been ready for transportation 
against its completion. The borrower could thus more readily repay, 
having an increased amount of surplus to dispose of, and being enabled 
to command an increased price for it, by reason of the completion of 
the road to his neighborhood. 

Notwithstanding every exertion that could be thus made, to avail 
themselves of the benefits promised by the act of the General Assem- 
bly, of the 550,000 dollars of the State Credit, only 221,000 could be 
rendered available, and the great reason was, as before expressed, that 
greater assistance was given to other interests; thus placing them in 
advance of this one, while such burthens and restrictions were placed 
on the slight favor bestowed, as more than counterbalanced the expec- 
ted benefit. 

That no speculation was expected by it, is evinced by the fact, that 
out of 500,000, only 22 1,000 dollars could be thus obtained ; and when 
it is known, that out of the whole sum received, there has been nearly 
one-fourth, amounting to 50,000 dollars actually expended, it cannot 
be believed that the Company were influenced by improper motives. 
For if a speculation by the use of the money was designed, no set of 
sensible men would have spent so much of it on a work, which was to 
be abandoned. It never was, and is not now the intention of its friends, 
that it shall be abandoned; however they may be driven by adverse 
times and circumstances, to cease operations for a time, they do not 
believe that the great interests connected with it, will suffer it to be 
abandoned entirely, but that it will be very much delayed, is too true, 
unless the State will aid in removing the impediments she has herself 
placed in the way of the Company. 

It has been aserted, that the interests of the State were not suffi- 
ciently protected, that property has been mortgaged at too high a 
rate. 

'■ The Board in their last report, fully detailed the manner in which 
the mortgages were taken, and they now repeat the assertion then 
made, that no similar amount of money has been more securely loaned 
in the State than this. If it had been otherwise, the company were 
not to blame, the appraisements were made by persons appointed by 
authority of the State, over whom the Board had no control. 

They have no reason to suppose, that the duties of these appraisers 
were not faithfully executed; having however, to become responsible 
as endorsers of these bonds and mortgages. Great care was taken by 
the Board to have the appraisements fairly made, and if any property 
IS an unsafe security for money, by a clause in the bond, the State has 
the right now, or at any time, to demand further security. 

The company being also bound for the payment of this money; it 
must be therefore, made doubly secure, whenever the road shall be 
made, and if any doubt is entertained in regard to the security of the 
State, it should be an additional inducement for the extension of such 
further assistance as shall insure this desirable object. 



279 

A reference to the books of the company, will show that the slock 
paid for in the respective counties, is as follows: 

Dearborn Country, $185,998 63 

Ripley do 14 00 

Decatur do 21,822 00 

Shelby do 25,738 05 

Marion do 102 00 



232,274 68 

Had the exertions of the counties in the interior, equalled those of 
Dearborn, much more might have been effected. That county has al- 
ways stood ready to carry the work through her borders without fur- 
ther aid, and will now do it, whenever the means are at hand for carry- 
ing it through the others. But until that prospect is afforded them, 
the Board deems it unadvisable to progress further. 

The remaining sum unexpended, being 178,927 dollars is too small 
to complete any sufficient portion of road to make it profitable. Those 
therefore of the stockholders who have invested large sums in the 
concern, might find themselves unable to meet the payment of State 
interests, without great embarrassment, unless enough of the road can 
be finished to afford them some revenue therefrom; and they hold 
themselves in readiness to prosecute with vigor the undertaking, so 
soon as means to this extent can be obtained. 

But to put at once an end to all charges of a desire to speculate 
upon the funds, now in their hands, and to evince their ardent desire 
for the completion of the road, this Company now offer to relinquish 
the same to the State, to lose all they have done upon it, and also to 
expend the further sum of $50,000, making a clear bonus to the State 
of 100,000, being nearly one-tenth of the estimate of its original cost, 
and being a sacrifice on the part of the company of nearly one half their 
whole stock. 

When it is recollected how many important counties lying on this 
route, and even paying a large portion of the taxes of the State, and 
yet derive no benefits from the system of improvement now conducted 
by the State, it surely would not seem unreasonable if the request 
should be made, that this work be adopted as a State work. 

The bonus now offered by the company, would defray the interest on 
the sums expended, until such sufficient portion of the road could be 
built, as will yield a profit — and thus no embarrassment will ensue to 
the State. 

After the struggles of this people to eflect their object without troir- 
bling the State; considering the heavy pecuniary sacrifices now offered 
to be made, and when it has in so great a measure been the result of 
State legislation, that had retarded their progress. The company can- 
not but hope that their request will be favorably received. 

Many considerations operate to render it important for the interests 
of the state, that this work should be hastened to completion. 

It connects at the most favorable points with other leading works of 
the state, through which it will be enabled to unite themselves with the 



380 

works projected in Ohio and Kentucky. Its effects when made will 
be to nearly double the value of real estate in four or five of the lar- 
gest counties in the state, and to make available a large amount of pro- 
perty now worse than useless, owing to its distance from market. 
These and other advantages were dwelt upon by the Board, in their 
report of last winter, to which they would now request to refer. 

There is one view of its importance, which however, demands a 
more particular consideration. The White Water canal now making, 
will afford at Lawrenceburgh a water power of immense value, if 
pains are taken to make it so. This alone can be rendered profitable, 
by throwing the surrounding country upon this point for their manu- 
facturing privileges. No business will be had from the whole of the 
White Water region, because the canal will afford equal facilities in 
every neighborhood. The Miami river a short distance in Ohio is 
fiaore than able to do the milling and manufacturing business of that 
section; so that unless the timber and grain of the rich counties lying 
on this road, can be brought to this point, as may be done by this road, 
and thereby, also, an outlet be afforded for manufactories of all de- 
scriptions. A large portion of this power must be idle; but with the 
improvement now contemplated, not only would all this power be 
brought into immediate use, but its price and value thereby much en- 
hanced. 

Again, it is well understood that Cincinnati will have a branch lead- 
ing from this canal, about fourteen miles from its termination. If the 
anticipations of those interested be correct, that nearly the whole of 
the business will be diverted in that direction; then the State is to 
sustain the loss occasioned by this abstraction of tolls from the fourteen 
miles of candl. How can this be avoided but by the making of lead- 
ing thoroughfares into the terminating point in our own state. Thus 
increasing its importance, and enabling it to compete for, the trade of 
the interior. 

Taking all these things into consideration, this Board cannot but en- 
tertain the belief that the interest depending upon this road, is entitled 
to the favor of your honorable body. They have sacrificed more than 
any other interest, and they offer now to pay the state such a bonus as 
will defray all losses of interest on the sums necessary to be expended, 
which the state may sustain, until the work becomes profitable. 

GEORGE H. DUNN, President. 

The expenditures of the Lawrenceburgh and Indianapolis Rail Road 
Company, from ihe 5th day of January to the 5th day of December, 1837, 
are as follows; 

For Books, Stationary, Desks, &c. $75 62 

For Engineer Department 2,626 61 

For Printing 27 00 

For Real Estate, and right of way, (balance) 6,561 14 

For Expenses 2,156 27 

For Bonus to State of Indiana 605 00 

For Railway Iron , .; 729 26 



281 



- ----. ^3Ur^ 



For Construction 15,362 89 

For amount paid Peter Miller, contractor 576 17 

For amount paid Wm. Thompson, contractor 150 00 

For amount paid damages on contracts, &c. 1,483 71 

$30,353 67 
The Company have also deposited in the Lawrence- 
burgh Branch Bank, to the credit of the Canal 
Fund Commissioners, the semi-annual instalment 
of interest on $221,000, slate bonds due the 1st day 
of January next 5,525 00 

$35,878 67 
EDWARD F. TEST, Clerk. 

STATE OF INDIANA, 

Dearborn county. 

Edward F. Test, clerk of the Lawrenceburgh and Indianapolis Rail Road 
Company, being duly sworn, doth expose and say, tliat the above presents 
a true statement of the expenditures of the said Company, as appears from 
the books of the same. 

Sworn to, and subscribed before me, this 11th day of Dec. 1837. 

JOHN SALTMARSH, J. P. 

The President also laid before the Senate a report fronn the Trea- 
surer of State, on the subject of the Surplus Revenue. 

Oq motion of Mr. Sigler, laid upon the table and 200 copies order- 
ed to be printed. 

Treasurer's Office, 
Indianapolis, 18th Dec. 1837. 

To THE Hon. David Hillis, 

President of the Senate: 

I herewith transmit, to be laid before the Senate, the following Report in 
relation to the operations and condition of the Surplus Revenue of the 
United States, deposited with this State. 

Very respectfully. 

Your ob't. servant, 

N. B. PALMER, 

Treas. of State. 

RECEIPTS. 

There was received from the U. States Treasury on the 25 of January last 

drafts in favor of the Treasurer of this State as follows, viz; 

Draft on Branch Bank at Madison, $95,583 83 

do Branch Bank at Lawrenceburgh, 95,583 83 

do Branch Bank at New Albany, 95,583 82 

. $286,751 48 

36 



282 

On the 22d March there was received Uke dralis 
as follows: 

On the Branch Bank at New Albany, f 95,583 83 

do Bank at Madison, 95,583 83 

do Bank at Lawrenceburgh, 95,583 83 



On the 9th of June there was also received like 

drafts as follows: 
On the Branch Bank at New Albany, $95,583 83 

Bank at Madison, 127,737 02 

do Bank at Lawrenceburgh, 63,430 63 



-$286,751 48 



-$286,751 48 



,254 44 

DISBURSEMENTS. 

There has been paid to the Loaning Agents in the 
the several counties as per abstract of the differ- 
ent agencies herewith appended, the sum of $567,126 16 

Paid over to the Commissioners of the Sinking 

Fund the sum of 286,751 48 

Amount apportioned to the counties of Lake, De 
Kalb, and Wells, not applied for by those 
counties but loaned by the Treasurer of State 6,376 80 

— $860,254 44 



The Legislature in passing upon this subject last winter, eeemed to have 
passed the act requiring the Treasurer of State to distribute the two first in- 
stalments among the several counties, upon the assumption that the money 
to be deposited, would be paid at the seat of Government; as no provision 
was made by law for obtaining the funds from the distant Banks upon which 
drafts were sent. 

It will be perceived that the drafts were altogether on the river Branches. 
To have given checks to the Age'nts on those branches, would have greatly 
postponed the loaning of the funds, causing a great loss of interest; besides 
many of the Agents would have refused to incur the expense of the addi- 
tional journey to the river, and the money would have remained unproduc- 
tive in the vaults of the Banks. 

With a view of obviating the difficulties which thus presented themselves, 
tha undersigned determined so soon as the apportionment among the different 
cou nties could be made, and the necessary forms prescribed, to go in per- 
son to the several Branch Banks for the funds. 

I accordingly made two trips to those branches on my ow^n expense and 
responsibility, to bring the funds to Indianapolis, in part, and to otherwise 
dispose of the balance in such other branches as would be most convenient 
to the agents entitled to draw the same. 

Presuming that it would be desirable to the borrowers to have a portion 
of the funds in specie, and convenient also to the agents in making change, 
I addressed letters, previously to leaving Indianapolis, to such of the receiv- 
ers of public moneys as I knew deposited in those branches on which drafts 
were drawn, requesting them to hold up their deposits a few days, until I 
eould make some arrangements with the deposit Banks by which the specie 



283 

could be left at different points in the interior, to be distributed to the loan- 
ing agents. By this arrangement a portion of specie was provided at the 
different points of disbursement. 

It will be seen by the accompanying abstracts, that the total amount of 
interest received by loaning agents is $45,128 00 and that the amount paid 
over by them to school commissioners is $45,457 34. It will be seen alsa^ 
that the main portion of the money has been loaned on personal security, be- 
ing $484,563 on personal and $79,604 on mortgaged security. In the fur- 
ther operations of this fund, — in the collections which it will doubtless be- 
come necessary to enforce by law, and the various questions which may 
arise in the management of so large an interest, much legal advice will be 
required by the agents, and in many prosecutions, the services of an attor- 
ney will be required. 

It is respectfully suggested whether the public interest would not be 
much better secured, by making it the special duty of the prosecuting attor- 
neys to attend to the matter as a part of their official obligation. 

If the duty should be considered too onerous for their present compensa- 
tion (of which I think there is no doubt) it would be econonical to give them 
such increased salary as shall be commensurate with the increased burdens 
imposed, rather than subject the state to the payment of fees for such acci- 
dental and individual services in the several counties as would be indispen- 
sable, if left to the discretion of agents to employ counsel as contingencies 
might require. 

The abstracts contain the operations of the several agencies, but for two 
quarters of the past year, as the 1st quarter of the financial year had elaps- 
ed before the agents received the funds, and the reports for^the 4th quarter 
are not sufficiently complete to embody in the present report, but will be 
embraced in the report which may be submitted at the next session. 

Respectfully submitted, 

N. B. PALMER, 

Treasurer of State. 



284 







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BALANCE OF INTEREST 
ON HAND. 




BALANCE OF PRINCI- 
PAL ON HAND. 




AMOUNT PAID OVER TO 
SCHOOL COMMISSIONER. 


85 02 
32 36 

480 10 


LOANS ON PERSONAL 
SECURITV. 


912 80 
125 00 

5,691 29 


LOANS ON MORTGAGED 
SECURITY. 


150 00 
310 00 


LOANS REFUNDED. 




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480 10 


AM't. RECEIVED FROM 
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1,062 80 
6,001 29 


AGENTS. 


Joseph Morgan 
John K. Evans 
Joshua Sims 
Addison Lane 
William Taggeat 
George Schwartz 
John Osborn 
Joseph N. Phelps 
Samuel Grimes 
Gillis McBean 
John H. Dunn 
William Perry 
A. R. Forsyth 


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291 

Mr. Dunning from the connmittee on education now reports: 

Mr. President — ^ 

The committee on education to whom was referred a resolution of 
the Senate directing an inquiry into the expediency of reviewing so 
much of an act entitled an act to provide for an equitable mode of le- 
vying the taxes of this state, approved February 8, 1836, as appropri- 
ated 12i of the poll tax, and five per cent, of the gross amount of the 
state revenue on property to common schools, have had the subject un- 
der consideration and the committee are of opinion that it is inexpedient 
to legislate upon that subject at this time, and ask to be discharged 
from any further consideration thereon. 

And the committee were accordingly discharged. 
The resolution of the Senator from Delaware, which was pending 
last evening relative to making it penal to pay or receive inpayment, 
any draft, certificate of deposite or order under the amount of 5 dol- 
lars, &c. was taken up for further consideration. 

And on the question shall the resolution be adopted? the Senate 
decided in the negative. 
On motion of Mr. Smith, 

Resolved, That the standing committee on education be instructed 
to inquire what amendment, if any, and what further legislation is re- 
quired to carry into full effect an act to provide for distributing so much 
of the surplus revenue of the United States, as the State of Indiana 
may be entitled to and receive by virtue of an act of Congress; ap- 
proved 23d June, 1837, with leave to report by bill or otherwise. 

The resolution of the Senator from Putnam, which was laid on the 
table, relative to inquiring into the expediency of so modifying an act 
establishing a State Bank and Branches, so that a majority of the di= 
rectors of the State Bank or the General Assembly, may at any time 
establish an additional Branch when deemed expedient, was now called 
up for further consideration; 

And on motion of Mr. Watts of Dearborn, the following amend- 
ment was adopted: 

And that no new Bank shall be established until there is a resump- 
tion of specie payment by the aforesaid State Bank and Branches. 
Question was then, shall the resolution as amended be adopted? 
The ayes and noes being called for, 

Those who voted in the affirmative were, 

Messrs. Baird of St. J., Beard of Montgomery, Bell, Brown, Brad- 
bury, Cathcart Chambers, Clark, Crawford, Dunn, Dunning, Elliott, 
Ewing, Finch, Green, Hoagland, Little, Morgan of R.,Puett, Sigler, 
Stafford, Thompson of J., Thompson of L., Tuley, Watts of D. and 
Vawter— 26. 



2^2 

TTiose who voted in the negative were, 

Messrs. Brady, Casey, Cole, Colerick, Daily, Dobson, Hacket, Ken- 
ledy, Mitchell, Moffit, Moore, Morgan of D., Mount, Smith, Sanford, 
Stewart, Thompson of P., Trask, Walker, and Watt of U. — 20. 

So the resolution was adopted. 

Mr. Smith offered the following resolution: 

Resolved^Thsit the State Bank of Indiana is bound in good faith to 
the people of the State of Indiana, to resume specie payments on the 
earliest day possible ; having regard only to its ability so to do j and that 
allor any conventional or foreign interference should be repudiated and 
disregarded by said Bank. 

Mr. Thompson of L. moved to strike out all after the word "possi- 
ble" and insert "having a due regard to its own ability and the public 
interest." 

On motion, Senate adjourned. 

2 o'clock, P. M. 

Senate assembled. 

The amendment of the Senator from Lawrence, as offered to the 
resolution of the Senator from Ripley, was again taken into considera- 
tion. 

Mr. Mitchell moved to lay the resolution and amendment on the ta- 
ble; 

Which motion was negatived. 

On motion, the Senate adjourned. 



THURSDAY MORNING, Dec. 21, 1837. 

Senate assembled. 

The President laid before the Senate a communication from the State 
Board of Internal Improvement. 

On motion of Mr. Stanford, referred to the committee on canals 
and internal improvements. 

The President also laid before the Senate the following communica- 
tion from his Eexcellency the Governor. 

Executive Department, Dec. 19, 1837. 
Hon. David Hillis, 

President of the Senate: 

Sir — In compliance with the act of the legislature creating the 
Board of Canal Fund Commissioners, I nominate for the considera- 
tion of the Senate, Caleb B. Smith of Fayette county to fill the va- 
cancy in said Board caused by the resignation of Jeremiah Sullivan, 
and respectfully request the advice and consent of the Senate thereto. 

DAVID WALLACE. 



293 ^ , 'V^-^ 

Mr. Kennedy offered the following resolution: 

Resolved, That the Senate do advise and consent to the nomination 
of Caleb B. Smith as one of the Fund Commissioners of the State of 
Indiana. 

Ajes and noes being called, 

Those who voted in the affirmative were, 

Messrs. Baird of St. J., Beard of M., Bell, Bowen, Bradbury, Brady, 
Casey, Cathcart, Chambers, Crawford, Daily, Dobson, Dunn, 
Dunning, Elliott, Ewing, Finch, Green, Hackett, Hoagland, Kenne- 
dy, Little, Moffitt, Morgan of D., Morgan of R. Mount, Pu- 
ett, Sigler, Smith, Stanford, Stewart, Turman, Thompson of J. Thomp- 
son of L., Thompson of P., Trask, Tuley, Walker, Watts of D. Watt 
of U., and Vawter — 41. 

Those who voted in the negative were, 

Mr. Mitchell— 1. 

So said resolution was adopted. 

Ordered, That the Governor be informed thereof. 

Mr. Stanford from the committee on enrolled bills now reports: 

Mr. President — 

The joint committee on enrolled bills now report that they have 
compared the enrolled with the engrossed joint memorial of the Senate 
No. 6, entitled 

A joint memorial of the General Assembly of the State of Indiana 
in relation to the harbor at Michigan City, 

And find the same truly enrolled. 

The following communication was received from the Goyernor by 
his private secretary, Mr. Maguire: 

Mr. President — 

The Governor has approved and signed an act which originated in 
the Senate, entitled 

An act to legalize the acts of Anthony F. Smith as assessor of Ful- 
ton county for the year 1837. 

Mr. Ewing from the joint committee on enrolled bills reports: 

Mr. President — 

The joint committee on enrolled bills report that they did this day 
present to his Excellency the Governor for his approval and signature 
a bill of the following title, to-wit: 

No. 1 1 — An act to legalize the acts of Anthony F. Smith, as assessor 
for Fulton county, for the year 1837. 



294 

I Mj. Tuley presented a petition from James W. Porter and others, 
on Ihe subject of establishing a seminary at Greenville, &c.; 

Which was referred to a select committee composed of Messrs. Tu- 
ley, Mitchell and Daily. 

Mr. Thompson of L, of the Judiciary committee now reports: 

Mr. President — 

The judiciary committee to which was referred a resolution of the 
Senate instructing an inquiry into the expediency of so amending the 
law regulating frauds and perjuries,that the legality or priority of any 
deed or deeds of conveyance, hereafter made, shall be considered 
from the date of the record thereof, in the proper county where the land 
conveyed by such deed or deeds may be situated, have after consider- 
ing the same, directed me to report that it is inexpedient to legislate 
on the subject, and ask to be discharged from the further considera- 
tion thereof. 

The committee were accordingly discharged. 

Mr. Thompson of L. from same committee also reports: 

Mr. President — 

The judiciary committee to which was referred a resolution of the 
Senate, instructing an inquiry into the expediency of reporting a bill, 
requiring mortgages upon personal property to be recorded in the of- 
fice of the redorder of the county in which said mortgnges may be gi- 
ven, have, after deliberation thereon, directed me to report the follow- 
ing bill, entitled: 

A bill No. 33, for recording of mortgages on personal property; 

Which being read a 1st time, was ordered to a 2d reading on to- 
morrow. 

Mr. Thompson of L. of the judiciary committee again reports: 

Mr. PRESli^ENT — 

The judiciary committee to which was referred a resolution oi the 
Senate instructing an inquiry into the ex^jediency of repealingso much 
of an act entitled an act regulating the jurisdiction and duties of jus- 
tices of the peace, approved Feb. 10, 1831, as requires justices in any 
case, to issue a scire facias against a replevin bail; and to so amend 
said act as to require justices of the peace to issue an execution fi :fa : 
against the judgment debtor and his replevin bail jointly, have after 
considering the same, directed me to report that it is inexpedient to- 
legislate thereon, and ask to be discharged from the further considera- 
tion thereof. 

The committee were accordingly discharged. 

Mr, Thompson of L. of the judiciary committee further reports: 



295 
Mr. President — 

The judiciary committee to which was referred a resolution of the 
Senate instructing an inquiry into the expediency of so amending the 
several acts in relation to the selection of grand jurors, as to prohibit 
the sheriff or any other officer of the court, from appointing or select- 
ing talismen to fill up those juries, have after considering the same, di- 
rected me to report that it is inexpedient to legislate thereon, and ask 
to be discharged from the further consideration thereof. 

The committee were accordingly discharged. 

Mr. Thompson of L. from the judiciary committee again reports: 

Mr. President — 

The judiciary committee to which was referred a resolution of the 
Senate, instructing an inquirj" into the expediency of amending an act 
entitled an act amendatory of an act entitled an act, approved Feb. 1, 
1831, approved Feb. 2, 1833, to repeal the third section of said act, 
and so to amend said act in relation to the assessment of fine for usu- 
rious interest, as that said fine shall be assessed without regard to any 
definite sum, have considered the several subjects embraced in said re- 
solution under consideration, and have directed me to report that it is 
inexpedient to legislate thereon, and ask to be discharged from the 
further consideration thereof. 

The committee were accordingly discharged. 

Mr. Thompson of L. from the judiciary committee further reports: 

Mr. President — 

The judiciary committee to which was referred a resolution of the 
Senate, instructing an inquiry into the expediency of so amending the 
law, as to authorize married females, under the age of twenty-one 
years, to join with their husbands in the conveyance of real estate, 
have after considering the same, directed me to report that it is inex- 
pedient to legislate thereon, and ask to be discharged from the further 
consideration thereof. 

The committee were accordingly discharged. 

Mr. Thompson of L. from the judiciary committee further reports: 

Mr. President — 

The judiciary committee to which was referred a resolution of the 
Senate, instructing an inquiry into the expediency of making a pro- 
vision for an increase of the fees of grand and petit jurors, and of asso- 
ciate judges, have directed me to report thatit is inexpedient to legis- 
late on that part of the resolution which relates to associate judges, 
and ask to be discharged from the further consideration thereof j and 
have also directed me to report the following bill : 

The committee were accordingly discharged. 



296 

Bill No. 34,entitled abil! regulatinglhe feesofgrand and petit jurors; 

Which being read a 1st time; was, on motion, the rules being dis- 
pensed with, read a fd time now. 

Mr. Mitchell moved to amend said bill by inserting at the end of the 
1st section "and that the associate judges of the several counties of the 
state be each allowed three dollars per day for every day they may be 
necessarily employed in the discharge of their oflfiicial duties;" 

Ayes and noes being called for, 

Those who voted in the Affirmative were, 

Messrs. Baird of St. Jos., Bell, Bowen, Brady, Casey, Cathcart, 
Clark, Cole, Crawford, Dobson, Dunn, Dunning, Green, Kennedy, 
Little, Mitchell, Moffitt, Morgan of D., Morgan of R., Mount, Sigler, 
Stafford, Turman,Trask,and Watt of U.— 25. 

Those who voted in the JVegative were, 

Messrs. Beard, Bradbury, Chambers, Colerick, Daily, Elliott, Finch, 
Hackett, Hoagland, Moore, Puett, Smith, Stanford, Stewart, Thomp- 
son of J., Thompson of L., Thompson of P., Tuley, Walker, Watts of 
D., and Vawter — 21. 

So said amendment was adopted. 

Mr. Sigler proposed to amend the bill by adding the words "and 
twenty-five cents" after the word "dollar" in the 1st section. 

Upon which question the ayes and noes were called. 

Those who voted in the affirmative were, 

Messrs. Baird of St. Jos., Beard of M., Bradbury, Brady, Casey, 
Cathcart, Chambers, Cule, Colerick, Daily, Dobson, Dunning, Elli- 
ott, Ewing, Finch, Green, Hackett, Hoagland, Kennedy, Moore, Mor- 
gan of D., Sigler, Stafford, Turman, Thompson of J., Thompson of 
L., Watt of U., and Vawter— 28. 

Those who voted in the negative zoere, 

Messrs. Bell, Bowen, Clark, Crawford, Dunn, Little, Mitchell, 
Moffitt, Morgan of R., Mount, Puett, Smith, Stanford, Stewart, Thomp- 
son of P., Trask, Tuley, Walker, and Watts of D.— 19. 

So said amendment was adopted, 

Mr. Dunning proposed further to amend by adding, and that each 
person who is summoned and serves as a juror, before any justice of 
the peace in any case shall be allowed as a compensation for such ser- 
vice 50 cents, to be paid and collected in the same manner as jurors 
fees are now paid and collected before justices of the peace ; 

Which was agreed to. 

The question then being, shall the bill as amended beengrossed and 
passed to a 3d reading on to-morrow? and the Senate decided in the 
affirmative. 



297 

MrT hompson of L. from the Judiciary committee further reports: 
Mr. President— 

The Judiciary Committee to which was referred a resolution of the 
Senate instructing an inquiry into the expediency of making a provis- 
ion, by law, for the call of Circuit Courts in certain cases, have consid- 
ered the same and have directed me to report that it is inexpedient to 
legislate thereon, and ask to be discharged from the further considera- 
tion thereof. 

The committee were accordingly discharged. 

Mr. Thompson of L. from the Judiciary committee also reports, 

Mr. President — 

The Judiciary Committee to which was referred that part of the 
Message of His Excellency the Governor, which relates to the requests 
of the Governor ofKentucky, asking protection from our laws, against 
the seduction and concealment of (he slaves of the citizens of that 
state, when they escape, and as they pass along the Ohio river, in the 
service of their master, together with a preamble and joint resolution 
of the Legislature of Kentucky on that subject, have directed me to 
submit the following report. 

The State of Indiana, having been ever mindful of the interests of 
her sister States, has carefully avoided any interference with the deli- 
cate and exciting question of slavery. Yet, while she has thus refrain- 
ed, she has given ample evidence of her intention to afford to the own- 
ers of such slaves as may seek refuge in her territory, the most sum- 
mary method of reclaiming them. Her laws, now in force, are, in the 
opinion of the committee, sufficient to effert the object desired by the 
preamble and resolutions before them, and they c^n suggest no amend- 
ment which would afford more certain security to the slave-holders of 
other states. Every object de&ired by the Legislature of Kentucky 
seems to be had in view, in the formation of our present statute on that 
subject, and not only is there ample provision made for reclaiming a 
fugitive slave, but a heavy penally is imposed upon every individual 
who shall employ or conceal a slave, encourage his escape, give him a 
certificate of emancipation, or a pass, or who shall obstruct his arrest 
when claimed by the owner. 

The committee, under this view of the subject, think it requires no 
further legislation, and ask to be discharged from the further cunsider- 
ation thereof. 

The committee were accordingly discharged. 

On motion the Senate ajourned. 

2 o'clock P. M, 

Senate assembled. 

Mr. Thompson of L. offered the following resolution: 
Resolved. That the Senate will (the House of Representative concur- 
38 



298 

ting therein) when it adjourns on Saturday the 23d inst. adjourn to meet 
again on Tuesday the 2d day of January next at 9 o'clock A. M. 

Mr. Thompson of P. moved to amend by striking out all after the 
word "adjourns" and insert "from Saturday 23d, uniil Tuesday the 
25th inst. 9 oclock A. M. 

The ayes and noes being called, 

Those who voted in the Affirmative were, 

Messrs. Bradbury, Brady, Casey, Cathcart, Clark, Crawford, Daily, 
Dunn, Finch, Green, Hackett, Little, Morgan of D., Mount, Smith, 
Stewart, Turman, Thompson of P., Tuley, and Walt of U. — 20. 

Those who voted in the JYegdtive were, 

Messrs. Baird of St. J., Beard of M , Bell, Bowen, Chambers, Cole, 
Colerick, Dobson, Dunning, Elliott, Ewing, Moffilt, Moore, Morgan of 
R., Puett, Sigler, Stafford, Stanford, Thompson of J., Thompson ofL., 
Trask, Walker, Watts of D. and Vawter — 24. 

So the amendment was not adopted. 

Mr. Walker then moved to amend the resolution by striking out 
*'Tuesday the 2d day of January next," and insert "Wednesday the 
27 th inst." 

Mr. Morgan of R. proposed to amend by inserting Thursday the 
28th, which amendments were negatived. 

The question then was, shall the resolution be adopted? 

The ayes and noes being called for, 

Those who voted in the Affirmative were, 

Messrs. Baird of St. Joseph, Beard of M., Bowen, Cole, Colerick, 
Crawford, Dobson, Dunning, Elliott, Ewing, Kennedy, Mitchell, 
Moore Morgan, of R., Sigler, Thompsonof J., Thompson of L., Trask, 
and Vawter — 19. 

Those who voted in the Negative were, 

Messrs. Bell, Bradbury, Brady, Casey, Cathcart, Chambers, Clark, 
Daily, Dunn, Finch, Green, Hacket, Hoagland, Little, Moffitt, Mor- 
gan of D., Mount, Puett, Smith, Stafford, Stanford, Stewart, Turman, 
Thompson of P., Tuley, Walker, Watts of D. and Watt of U.— 28. 

So the resolution was not adopted. 

Mr. Thompson of L. offered the following resolution: 

Resolved, That the Senate will, the House of Representatives con- 
curring therein, when it adjourns on Saturday the 23d inst., adjourn 
to meet again on Thursday the 28th instant. 

Mr. Thompson of P. moved to amend by striking out Thursday and 
inserting Wednesday; 



299 

Which was not agreed to. 

The question then was, shall the resolution be adopted? 

The ajes and noes being called, 

Those who voted in the Affirmative were, 

Messrs. BairdofSt. J. , Beard of M.,Bowen, Brady, Cathcart, Cham- 
bers, Cole, Colerick, Crawford, Dobson, Dunning, Ewing, Finch, Ken- 
nedy, Moffitt, Morgan of D., Morgan of R., Stanford, Turman, Thomp- 
son of J., Thompson of L.,Trask, Tuley, Walker, and Vawter— 25. 

Those ivho voted in the Negative were, 

Messrs. Bell, Bradbury, Casey, Clark, Daily, Dunn, Elliott, Green, 
Racket, Hoagland, Little, Mitchell, Moore, Mount, Puett, Sigler, 
Smith, Stafford, Stewart, Thompson of P., Watts of D. and Watt of 
U.— 22. 

So said resolution was adopted. 

Mr. Thompson of L. informed the House of Representatives thereof. 

Mr. Stanford of the Committee on enrolled bills reports: 

Mr. President — 

The joint committee on enrolled bills now report that they Have 
compared the enrolled with the engrossed bill of the House of Repre- 
sentatives No. 32, entitled 

An act to legalize the acts of the Fayette County Bridge Company, 
and find the same truly enrolled. 

Mr. Morgan of the select committee on that subject now reports: 

That the select committee to whom was referred the resolution on 
the subject of the rules of the Senate and joint rules of the two Hous- 
es, report, That the printed rules of 1835 contain all the standing rules 
of the Senate and joint rules of the two Houses, except the resolution 
of the Senate on the subject of the appointment of the committee on 
canals and internal improvements as amended at the present session, 
and the amendments to the joint rules relative to the numbers of the 
joint committees on the Canal Fund and the State Library, the com- 
mittee have directed me to report the accompanying resolution: 

Resolved, That the public printer be directed to print two hundred 
copiesof Standing Rules of the Senate and the Joint Rules of the two 
Houses as printed in 1835, with the following amendments and modifi- 
cations. 

1st Amendment — Strike out all that relates to the committee on un- 
finished business. 

2d Amendment — After the words "enrolled bills" in the 8th rule of 
the Senate, insert 

"The committee on canals and internal improvements shall consist of 



300 

two Senators from north of the Wabash until that portion of the state 
shall be entitled to a representative in Congress." 

let Amendment, to Joint Rules — Strike out the 10th Rule, and 
insert 

"A standing committee shall be appointed on the part of each House 
to consist of such a number as each House shall appoint not exceeding 
eight to act as a joint commiltee on the canal fund." 

2d Amendment — "A standing committee to consist of such members 
as each House may appoint, shall be appointed as a joint committee on 
the State Library." 

On motion of Mr. Morgan of R. the report and resolution was laid 
on the table. 

Mr. Cathcart gave notice that he would on to-morrow move to a- 
mend the standing rules of the Senate by appointing one member from 
each judicial circuit on the committee of canals and internal improve- 
ments. 

Mr, Elliott from select committee on that subject reports: 
Mr. President — 

The select committee to whom was referred a Petition of Jacob 
Chrisman and others, praying a state road from Cambridge to Fort 
Wayne, have had the same under consideration and have directed me 
to report the following bill entitled 

A bill No. 35, to locate a state road from Cambridge City to Fort 
Wayne; 

Which being read a 1st time, was on motion, the rules being dis- 
pensed with, read a 2d time, and ordered to be engrossed and read a 
third time on to-morro-v. 

Mr. Crawford presented a petition from James Hostetter, relative to 
a state road leading from Lima in Lagrange county to Huntington, 
&c. referred to a select committee composed of Messrs. Crawford, 
Colerick S/ Baird of St. Joseph. 

Mr. Ewing presented a petition from G. S. Dart and others, praying 
a state road from Logansport to David Casebiers, where it will inter- 
sect with the old state road. 

Referred to a select committee on roads. 

On leave being given, Mr. Trasic presented a remonstrance from Ja- 
cob Davis and others, which was laid on the table. 

Mr. Tuley of a select committee reports: 

Mr, President — 

The select committee to whom was referred the petition of J. W. 
Porter and others, have had the same under consideration, and now 
ask leave to submit the following bill, entitled 

A bill No. 36, to incorporate the Greenville seminary in Floyd 
county; which being read a 1st time was ordered to a second reading 
on to-morrow. 



301 

Mr. Caihcart presented a bill No. 37, entitled 

A bill to provide for the collection of a part of the revenue of La- 
porte county and for other purposes; which being read a 1st time; 

On motion, the rules of the Senate were dispensed with and it was 
read a second time and referred to a select committee composed of 
Messrs. Cathcart, Baird of St. Joseph and Walker. 

Mr. Green presented a bill No. 38, entitled 

A bill to establish a state road from Sander's Ferry to the Patriot 
and Versailles road; which was read a 1st time and ordered to a 2nd 
reading on lo-morrow. 

On motion, Senate adjourned. 



FRIDAY MORNING, Dec. 22, 1837. 

Senate Assembled. 

Mr. Brown presented a petition from Nathan Reed, relative to phy- 
sicians serving as jurors &c.. 

Which was referred to the judiciary committee. 

Mr. Beard of M., of the committee on roads, now reports: 

Mr, President — 

The standing committee on roads to whom was referred that part of 
the Governor's message which relates to the 3 per cent, fund; together 
with the report of the Agent of the 3 per cent, fund, have had that sub- 
ject under their consideration, and find from an examination of these 
documents, that the appropriations heretofore made by the legislature 
exceeds the receipts from the United States ,^140,781 91. Your 
committee therefore see no necessity for legislation on that subject, and 
ask to be discharged from the further consideration of the same. 

The committee were accordingly discharged. 

Mr. Walker from the committee on public buildings now reports: 

Mr. President — 

The committee on public buildings to whom was referred a resolu- 
tion relative to the roof of the capitol, have had the same under con- 
sideration and directed me to report that it is inexpedient to legislate 
on that subject at this time, and ask to be discharged from the further 
consideration thereof. 

The committee were accordingly discharged. 

On motion cf Mr. Morgan of R., the report and resolution from a 
select committee, relative to the rules of the Senate and joint rules of 
the two Houses, were taken from the table for further consideration. 

Mr. Cathcart, in accordance with previous notice given, now moved 
to strike out the words "two members from each congressional dis- 



302 

trict" and insert in lieu thereof "one frona each judicial circuit;" 

Which was not agreed to. 

The question then was, 'shall the resolution be adopted?' and the 
Senate decided in the affirmative. 

Mr. Cathcart from a select committee on that subject, reports: 

Mr. President — 

The select committee to whom was referred A bill, No. 37, entitled 
a bill to provide for the collection of a part of the revenue of Laporte 
county, and for other purposes report the same back to the Senate 
without amendment. 

On motion of Mr. Cathcart the rules were suspended, and the 
bill was considered as engrossed and read a third time now. The 
question then was shall the bill pass? and the Senate decided in the 
affirmative. 

The resolution which was offered by the Senator from Rip.ey rela- 
tive to the State Bank, was taken from the table. 

Mr. Thompson of L. proposed to amend by the following: That it 
is in the opinion of the Senate, the duty of the State Bank of Indiana, 
to resume specie payment, at the earliest period when it can be per- 
manently practicable, without such a reduction of business or circula- 
tion as may injuriously affect the interest of the people. 

Mr. Kennedy moved to amend the amendment by striking out the 
word "permanently" which was not agreed to. 

Mr. Morgan of R., moved to amend the resolution by inserting Ihe 
words "own" in the 4th "and public interest" in the 5th line; 

Which was accepted. 

On motion of Mr. Cathcart, the resolution and amendments were 
laid upon the table. 

On motion of Mr. Moore, 

Resolved, That owing to the unexpected derangement of money, 
The committee on the judiciary be instructed to inquire into the ex- 
pediency of providing for a stay law of the following form: all amounts 
sued for, shall be stayed as follows: ten dollars, 4 months; twenty dol- 
lars, 6 months; thirty dollars, 7 months; fifty dollars, 9 months; one 
hundred dollars, 11 months; and one hundred and fifty and over, 12 
months. 

On motion of Mr. Tuley, 

Resolved, That the committee on education be instructed to iuquire 
into the expediency of amending the 5th section of the 8th chapter of 
an act incorporating congressional townships and providing for public 
schools therein, approved February 6th, 1837, so as to authorize the 
School Commissioners to sell any unsold school lands, when it shall 
have been certified to said Commissioner that a majority of the voters 
present at any township election (when due notice has been given) 
shall have voted in favor of such sale: and that said committee be in- 
structed to inquire into the expediency of repealing the 9th chapter of 
the aforesaid act. 

On motion of Mr. Smith. 



303 

Resolved, That the committee on the judiciary be instructed to in- 
quire into the expediency of prohibiting lawyers from taking contin- 
gent or conditional fees — the amount depending upon the successful 
event of the suit. 

Resolved, That a select committee be appointed to inquire into the 
propriety of allowing fees to witnesses in cases of acquittal in criminal 
cases, with leaVe to report by bill or otherwise* Referred to Messrs. 
Trask, Brown, and Clark. 

On motion of Mr. Brown, 

Resolved, That a select committee of eleven (one from each Bank 
District) be appointed to examine into the conduct of the following 
branches of the State Bank, to wit: The Branch at Indianapolis, the 
Branch at Lawrenceburgh, the Branch at Madison, the Branch at New 
Albany and the Branch at Lafayette. 

Mr. Mitchell proposed to amend by adding the Branch at Vincennesj 

Which was accepted. 

Mr. Kennedy then moved to amend by extending the examination to 
all the Branches in the State. 

Mr. Dobson moved to amend the amendment by adding 'if the com- 
mittee think necessary;' which was accepted. 

The question then was, 'shall the resolution as amended be adopted?' 

And the Senate decided in the affirmative. 
On motion of Mr. Thompson of P. 

Resolved, That the judiciary committee be instructed to inquire into 
the expediency of abolishing imprisonment for debt in all cases except 
those in which the plaintiff may file an affidavit that he believes the 
debtor is about to abscond or fraudulently conceal his property. 
On motion of Mr. Vawter, 

Resolved, That the committee on canals and internal improvements 
be directed to inquire into the expediency of authorizing the State 
Bank to pay over to the State Treasury, the amount of the 4th instal- 
ment of the surplus revenue of the United States payable to the State 
of Indiana on or before the first of January, 1839, to be paid in antici- 
pation of said 4th instalment, subject to the provisions of 'an act of the 
General Assembly, approved February 6th, 1837 ;' which act provides 
for distributing so much of the surplus revenue of the United States, 
as the State of Indiana may be entitled to and receive by virtue of an 
act of Congress, approved 23d June, 1836, with leave to report by bill 
or otherwise. 

Leave being given, 

Mr. Dunning presented a bill, No. 39, entitled 'a bill authorizing 
the sale of certain school lands therein named, and for other purposes;' 

Which being read a first time, on motion of Mr. Dunning, the rules 
were dispensed with, and it was read a second time now — the rules be- 
ing further dispensed with, it was read a third time now, and passed. 

Mr. Casey presented a bill, No. 40, entitled 'a bill to incorporate a 
certain company therein named;' which being read a 1st time. 

On motion of Mr. Casey, the rules were dispensed with, and it 
was read a 2d time now, and referred to the committee on corporations. 



304 

Mr. Crawford prtoented a bill, No. 41, entitled 'a bill declaring cer- 
tain county roads therein named, state roads, and for other purposes;' 

Which being read a first time, was, 

On motion of Mr. Crawford, the rules being dispensed with, read 
a second time and referred to the judiciary committee. 

On motion of Mr. Morgan of D., 

Resolved, That the committee of Ways and Means be instructed to 
inquire what amendment is necessary to the law defining the duties of 
Assessors, so as to, if possible, insure a more faithful performance of 
the duties, with leave to report by bill or otherwise. 

Mr. Stanford from the committee on Enrolled bills reports: 

Mr. President — 

The joint committee on enrolled bills now report, that they have 
compared the enrolled with the engrossed till of the Senate No. 25, 
entitled an act to incorporate the American Cannail Coal company, 
and find the same truly enrolled. 

Mr. Finch presented a bill (No. 42) entitled "a bill to locate a State 
road therein named," which being read a 1st time — on motion of Mr. 
Finch, the rules were dispensed with and it was read a 2d time now. 

Ordered, That the bill be engrossed and read a third time on tomor- 
row. 

On motion of Mr. Baird of St. J. 

Resolved, That the President of the State Bank be requested to re- 
port to this Senate (as soon as practicable) the reason why the twelfth 
branch ofsaid bank has not been located. And whether the Directors 
have not frequently had that subject before them, thereby inducing 
the citizens of the north to believe that the location thereof would 
have been made anterior to this time. And also, whether some of the 
Directors have not more than once, gone to the north, with a view to 
satisfy the Board where said branch should be located, by reporting 
the result of their examinations. And vphy it is, that after such ex- 
aminations have been repeated, that no action has taken place in the 
location thereof and when it will be, that said branch will be located. 
And further, to report whether in his opinion the business transactions 
of the northern portion of the state, do not demand and require the 
immediate location of said branch, in pursuance of the provisions of 
the 3d section of the act entitled "an act to establish a State Bank." 

Mr. Elliott offered the following resolution. 

Resolved, That the Committee on the State Bank inquire into the 
expediency of increasing the Stock of^e several branches of the 
State Bank of Indiana, and report by bill or otherwise. 

Mr. Beard of M. moved to amend by striking out the word "Stock." 

Not agreed to. 

Mr. Sigler moved to amend by inserting "and to provide for an ad- 
ditional number of branhces" — which was negatived. 

The question then was "shall the resolution be adopted?" And the 
Senate decided in the negative. 



305 

On motion of Mr. Trask, a bill No. 43, which was reported by the 
committee on Unfinished Business, was taken up, entitled "a bill to al- 
ter and define the boundaries of Grant county." 

Which being read a 1st time, was, the rules being dispensed with, 
read a second time and referred to a select committee composed of 
Messrs. Trask, Bell, Cole and Kennedy. 

The following message was received from the House of Represen* 
tatives by Mr. Elliott their Clerk. 

Mr. President — 

The House of Representatives have adopted the following resolu- 
tion: 

Resolved, That the House of Representatives Mill (the Senate con- 
curring therein) commence the revision of the Statute Laws of thi3 
state on Thursday the 28lh insf. and that the Senate be informed of the 
adoption of this resolution, and that a joint committee be appointed to 
act as a committee of Revision, and that said committee consist of 9 
members on the part of this House. 

Mr. Brady moved that the Senate concur in the resolution. 

And on motion the Senate adjourned. 

2 o'clock, P. M, 
Senate Assembled. 

The resolution contained in the message from the House of Repre- 
rentatives was taken up for further consideration. 

The question was on the adoption of the motion of concurrence of 
the Senator from Marion. 

The question being, will the Senate concur in the resolution? The 
ayes and noes being called for, 

Those who voted in the affirmative were, 

Messrs. Bell, Brown, Bradbury, Brady, Cathcart, Colerick, Dobson, 
Dunning, Elliott, Finch, Green, Hoagland, Kennedy, Mitchell, Moore, 
Morgan ofR.,Puett, Stanford, Turman, Thompson of P., Trask, Tu- 
ley, Walker, and Watt of U.— 24. 

Those who voted in the negative were, 

Messrs. Bairdof St. J., Beard of M., Casey, Chambers, Clark, Cole, 
Crawford, Daily, Dunn, Ewing, Hackett, Little, Moffitt, Morgan of D., 
Mount, Sigler, Smith, StatTord, Stewart, Thompson of L., Watts ofD., 
and Vawter — 22. 

So said resolution was adopted. 

Ordered, That the Secretary inform the House of Representative! 
thereof. 

39 



306 

On motion of Mr. Vawter, Mr. Thompson of L. obtained leave of 
absence until Monday next. 

The following message was received from the House of Represen- 
tatives by Mr. Elliott their clerk. 

Mr. PnESIDENT — 

The House of Representatives have concurred in the resolution of 
the Senate, adjourning from Saturday the 23d inst. until Thursday the 
28th inst. 

The President laid before the Senate a report from William Polke, 
Commissioner of the Michigan Road. 

On motion of Mr. Elliott, it was laid upon the table and 100 copies 
ordered to be printed. 

Indianapolis, Dec. 22, 1837. 
Sir— 

I herewith transmit my annual report with the accompanying docu- 
ments, and I have to request you to lay them before the body over 
which you preside. 

I am very respectfully, 

Your obed't servant, 

WM. POLK, C. M. R. 

Hon. David Hillis, 

President of the Senate : 

To the General Assembly : 

The Commissioner of the Michigan road, in compliance with the 
provisions of the law, now submits to the General Assembly a report 
of his operations during the current year. 

On the 20th of January immediately on the passage of the act au- 
thorizing him to correspond with the Commissioner ^of the General 
Land Office, he addressed a letter to that office, of which document A 
is a copy. In reply he received a communication of which B is a 
copy: from which it appeared that there was an error, either in the 
report from the Register at Fort Wayne, to the Commissioner of the 
Michigan road, or to the Commissioner of the General Land Office. 
Your Commissioner immediately addressed a letter to the Register at 
Fort Wayne, and proceeded to the Land Office at Laporte, in order to 
make an examination of all the facts and circumstances of the case, 
and ascertained that the books and maps furnished to the Laporte Land 
Office, were precisely the same as those which had been reported to 
him. On the 10th of April, he forwarded a second letter to the Gen- 
eral Land Office, of which the accompanying document marked C, is 
a copy, and in reply received a letter dated the 27th of the same 
month, a letter, of which the document marked D, is a copy. From 
the correspondence it appeared that the selections so far as reported 



307 

were examined and approved; and that there remained 1,654 acres 
and 40-100 yet to be selected to complete the grant. He was desired 
to make the selections at as early a period as practicable and in legal 
subdivisions, if possible, and that the selection should be speedily con- 
firmed, and the certificate of title transmitted to the Secretary of State 
of Indiana. 

On the receipt of this communication your Commissioner proceed- 
ed to make (he mostjudicious choice in his power in order that the selected 
lands might be disposed of at $5 per acre, the minimum price designa- 
ted by the act referred to at which he was authorized to sell. The 
best lands had geen generally sold by the United States. It therefore 
required much caution and careful examination to make selections, 
which in the existing state of the monied affairs of the country, would 
realize the sum of ^5 per acre. The Pottawatamie reserve contained 
the only lands which could be selected with any positive certainty of 
their realizing the sum fixed by law. It therefore became necessary to 
wait for the completion of thesurveys, which weremadeon the 25th of 
July last. The selections were then made in anticipation of the return of 
the maps of the Gen. Land Office, where the list of selections were forwar- 
ded, and also to the Land Office at Laporte. An advertisement was like 
wise sent to the publishers of the Logansport Telegraph, announcing 
the 10th of October as the time fixed for the sale at Chippewa. Be- 
ing anxious to bring the business to a close, he addressed a letter on 
the 5th of August last to the Commissioner of the General Land Of- 
fice, of which the document marked E is a copy ; and at the same time 
another to the Surveyor General at Cincinnati, desiring him to furnish 
copies of the plats of the Pottawatamie reserve, so far as received. 
The latter were indispensably necessary to enable your Commissioner 
to prepare his tract books by the time fixed for the sales. On the 25th 
of August he received a letter, of which docament marked F, is a 
copy, from the General Land Office, and at the same time the plats re- 
quested, from the Surveyor General. From an examination of the lat- 
ter he discovered some errors in the list of sections previously trans- 
mitted. On the 25th of the same month, he furnished an amended 
list containing the corrections made in conformity with the plats re- 
ceived. Document marked C, is a copy. 

Having now concluded all the correspondence necessary on the 
part of the Commissioner, he waited the arrival of the final certificate 
of title previous to the contemplated sales of the land. 

From the pressure of business in the land office it is probable that 
the Commissioner, notwithstanding his accustomed promptness, was 
unable to comply with the request with respect to the transmission of 
the certificates previous to the sales. Your commissioner on submit- 
ting the correspondence to his Excellency the late Governor, was ad- 
vised not to postpose the sales on that account. As all the prelimina- 
ry arrangements were finally adjusted andapproved of, and asno other 
correspondence was necessary, except to receive the final certificate, he 
acted in accordance with the advice, and proceeded to sell the lands 



308 

On his arrival at the seat of Government, he may remark that he 
was informed by the Secretary of S!ate, that the final certificate had 
not been received. On comparing the selections and sales v^'ith the 
maps recently received from Laporte, he ascertained that there was a 
small fraction selected above the amount due the State, which had not 
been sold. On the 12th inst. he addressed a letter to the Commission- 
er, of which H is a copy, containing a full and accurate list of the se- 
lection and repeating the request for the transmission of the certifi- 
cate of title. 

As the ofiice of your commissioner expires on the last day of the 
present month, the propriety of extending it for one or two months 
longer, is respectfully suggested. Your commissioner would thereby 
be enabled to bring the difficult and embarrassing business to a final 
adjustment, which can be eflfected immediately on the receipt of a re- 
ply to his last communication. 

There has been entered at the office of the Michigan Road, 1101 
acres and 22 hundredths, of former selection, as will appear from the 
Register ofCertificates, from No. 2032 to 2040 inclusive amounting to 
$1,376 52. 

Document, marked I, herewith submitted, is a register of certificates 
of the recently selected lands that were sold. The certificates num- 
bering from 2041 to 2065 inclusive, amounting to 1548 and 21-100 
acres, from which was realized the sum of ,§9056 70. The average 
amonnt obtained per acre was five dollars and eighty-five cents. The 
aggregate amount received during the current year amounts to ten 
thousand four hundred and thirty-three dollars and twenty-two cents. 

Early in April last, your commissioner was furnished with a certified 
copy of an act approved Feb. 2d, 1837, entitled "an act supplemental 
to an act entitled an act authorizing the Commissioner of the Michi- 
gan Road to correspond with the Commissioner of the General Land 
Office, &c. 

By this act he was authorized and required to pay to the Commis- 
sioners of the "bridge street, and Michigan road free bridge'' the sum 
of five thousand dollars, as soon as a sufficiency was obtained to com- 
plete the bridge, due notification of which was to be given. On the 
commencement of said bridge, he received a notification from Jordan 
Vigus, the outhorized agent and Treasurer of the companj', that the 
required amount had been subscribed. The appropriated sum of ,$5000 
has been paid to the commissioners of said bridge. 

As no person has been authorized to receive the $5000 appropria- 
ted for the bridge over White River, it has not been paid. 

Your commissioner begs leave to remark that he examined the bridge 
street, and Michigan road bridge, on his journey to Indianapolis, and 
has the satisfaction to inform the General Assembly, that the stone work 
is completed, the timber mostly on the ground, part of it raised and 
appeared to be done in a workmanlike manner. From the paper ap- 
pended to this report, of which K. is a copy, there appears to be a de- 
ficiency of ^1060 to complete said bridge, which fact is respectfully 
flubmitted to the General Assembly. 



309 

Your commissioner received on the 21st of June last, a communica- 
tion from Daniel Yandes, acting under a resolution of the board of In- 
ternal Improvement requiring him to take steps preparatory to the sur- 
vey of the Michigan road. Of this communication, consisting of in- 
quiries with regard to the state of the Michigan road and its funds, 
the document marked L is a copy. His inquiries were promptly re- 
sponded to, in a communication of which the document marked M is a 
copy. On the 14th of August your commissioner paid to Mr. Yandes 
the sum of $1000 and has since paid on his orders $yOC making in all 
the sum of $1900, paid for the purpose of making the survey and es- 
timates. 

The act approved 2d February, 1837, authorized your commission- 
er to dispose of the tools belonging to the Michigan road fund, at pub- 
lic sale, under the direction of such persons as he might designate. 
The tools were mostly old, consisting of axes, mattocks, and spades, 
scattered along the whole line of the Michigan road, in possession of 
such persons as had used them as contractors. From Erasmus Powell 
and Charles Polke, Esquires, in whose care tools were left to the amount 
of between 20 and 30 dollars, no returns have as yet been received, 
but are daily expected. The amount received is $100 291, as will 
appear, by reference to the document N, appended. 

Document marked N, herewith submitted, will exhibit the amount 
of funds on hand, at the close of the last year, the amount derivedfrom 
the sale of the lands, during the current year, the amount paid out on 
contingent expenses in selecting and selling the lands, and that remain- 
ing on hand to satisfy all existing demands and claims against the funds. 
Such other information is likewise included, as may enable the Gene- 
ral Assembly to bring to a close this tedious and complicated business. 

Document marked O will exhibit the remaining amount of lands 
yet to be disposed of. 

All of which is respectfully submitted. 

Wm. POLKE,C. M. R. 

Indianapolis, Dec. 22d, 1837. 



Office op Comm'r. M. Road,) 
January 20th, 1837. S 

SIR — 1 herewith transmit a copy of my report, submitted to the Ge- 
neral Assembly of the State of Indiana, on the 14th of December, 1 835, 
which contains the correspondence with the Commissioner of the Ge- 
neral Land Office and the Register at Laporte, on the subject of com- 
pleting the selections for the Michigan Road Grant. As no reply has 
been received to my letter of September 16, 1835, (see document K) 
and as all the lands included in the list then forwarded have been sold 
and certificates of title granted by the authority of the State of Indiana 
to the purchasers, your early attention to the business of perfecting^ the 
title to the State is respectfully requested. 



SIO 

Connected with the business, I send a copy of the certificate for- 
warded to the office of the Secretary ofSlate, dated August 14th, 1836, 
from the General Land Office, for such tracts as had been reported as 
selected. On comparing it with the maps and tract books furnished 
by the Register of the Land Office at Fot t Wayne, of lands sold by the 
United States previous to the passage of the act, approved March 2d 
1831, confirming the selections made that remained, I find some tracts 
included that were returned as sold, some others that were reported as 
not sold omitted; and also section 27, fract. 32 and section 34, all in 
town. 28 N. R. 5 east, that had been previously selected and confirm- 
ed to the state as canal lands. I have annexed to the certificate above 
alluded to, such discrepancies as 1 have discovered. They will appear 
by a reference to the maps in your office. 

After comparing the discrepancies so far as detected, there remains 
a balance of fifteen hundred and eight acres and sixty-five hundredths, 
yet to be selected to complete the entire road grant. From the act of 
the General Assembly, approved January 20, 1837, which I herewith 
transmit, you will discover the necessity of having this tedious and com- 
plicated business finally adjusted. 

I am sir, yours with considerations of respect, 

WM. POLKE, C. M. R. 

To THE Hon. James Whitcomb, 

Com'r. Gen. Land Office, 

Washington City, 



B 



General Land Office,) 
February 24lh, 1837. J 



SIR — Your letter of the 20th ult. with its several enclosures rela- 
tive to the selection of land for, and construction of the Michigan road 
has been received. 
The quantity of lands selected for this road and 

approved is 114,690.53 acres. 

This quantity embraces 3 tracts which had been 
previously granted to aid in the construction 
of the Wabash and Erie Canal, viz: 

Section 28, 2 5 E. 640 

Fractional Section 32 " « 223.52 

Section 34 " « 640 

And one tract the W. 4 of N. W. i. Sec. 
22, 17, 4 E. sold prior to the act of 1 831 80 

1,583.52 « 

Corrected quantity which has been approved 113,107.01 



311 

There is now in this office a list of tracts which has 
been examined and is now ready for approval, 
containing 56,042.12 " 

Leaving to be reported to this office for examina- 
tion and approval 1,265.29 " 
The list referred to above as as now ready for approval, includes the 
six half quarter sections reported by you on the 18th of January last, 
as having been "sold a* Michigan Road Lands" as well as all other 
lands heretofore reported by you. 

I have now to request that you report to this office, the selection as 

near as may be in legal subdivisions, the small quantity remaining to 

complete the grant, on the receipt of which an official statement will 

be immediately prepared, and transmitted to the Executive of Indiana. 

Very respectfully sir, I am your ob't serv't, 

JAMES WHITCOMB, Com'r. 
P. S. The Register at Fort Wayne was in error in stating to you 
that the S. W. i of section 26 and the fraction (north of the Indian 
boundary) of section 36, 37, 2 east had been sold by the U. States. 
They are marked in our books and plats as having been granted to the 
state for the Michigan Road. J. W. 

To Wm. Polke, Esd., Com'r M. R. L., 

Chippewa, Indiana. 



Laporte, April 10th, 1831'. 
Sir— 
On an axamination of the books of the Register's office, at this place 
it appears that the south-west quarter of section 26, town 37 north, 
range "2 east, containing one hundred and sixty acres, was sold at Fort 
Wayne, to Samuel Rupel, April 29, 1831; east half of north fraction- 
al section 36, containing one hundred and fifteen acres, and eighty-five 
hundredths, was sold to Jacob Bowman, April 11, 1831 ; and that west 
half of the latter, containing one hundred and thirteen acres, and 
twenty-six hundreds was sold to Benjamin M'Carty, Nov. 18th, 1830, 
By a reference to the law confirming the selections approved Marcb 
2, 1831, it will be discovered, that the first two above named tracts- 
were sold after they had been conveyed to the State of Indiana by the 
act referred to. Presuming, however, that the sales were made before 
the officers at Fort Wayne were advised of the disposition previously 
made of the lands, I shall select other lands in lieu thereof, agreeably 
to yours of the 24th of February. 

I am, sir, very respectfully, 

Your ob't. servant, 

WM. POLKE, C. M. R. L. 
Hon. James Whitcomb, Commissioner of the General Land Office. 



312 

D 

General Land Office, April 27, 1837. 
Sir — 
On further exanninalion in this office, it appears that the two tracts 
mentioned in your letter of the 10th inst. to wit: the south-west quar- 
ter of section 26, and the fraction north of the Indian boundary line, 
of section 36 in 37 north of 2 east containing 389 11-lOOth acres, 
were as you state, sold at Fort Wayne. The error arose from the 
omission to transfer these entries from the Fort Wayne to the Laporte 
tract books. 

You will therefore select the above mentioned quantity of land for 
the Michigan Road in addition to the quantity stated in my letter of 
the 24th February last. 

I am, very respectfully, 

Sir, vour ob't. servant, 

JAS. WHITCOMB, Commis'r. 

Wm Polke, Esq. Michigan Road Commissioner, Chippewa, Indiana. 

E 

of 

Chippewa, Aug. 5, 1837. 



Office of Commissioner Michigan Road,) 



Sir— 

I forwarded on the 25th of July last, to the General Land Office, a 
list of the selected lands requisite to complete the entire Road grant 
made agreeably to the instructions contained in your letters of the 
24th of February and 27th of April, 1837. The third section of the 
act of the General Assembly, entitled, "An act authorizing the Com- 
missioner of the Michigan Road to correspond with the Commissioner 
of the General Land Office," &c. &c., makes it my duty to record in 
my tract book the certificate of title obtained from the United States, 
and to hand over the same to the Secretary of State, previous to the 
sales of said lands. By the enclosed advertisement, offering for pub- 
lic sale the lands in question, you will perceive that I rely on your 
speedy approval of the selections which have been made, and I have 
to request you to transmit to this office at an early period the certifi- 
cate of title, to enable me to comply with t'ne requisition of the act of 
the Legislature. 

I have the honor to be, respectfully. 

Sir, your obedient servant, 

WM. POLKE, C. M. R. L. 

Hon. J. Whitcomb, Commissioner General Land Office. 



313 



General Land Office, Aug. 10, 1837. 
Sir— 
Your letter of the 25Lh ult., reporting a list of tracts selected by 
you to complete the quota of land granted to the State of Indiana for 
the Michigan Road, has been received. 

In reply I have to state that the official plats of survey of such por- 
tions of these selections as are situated in the late Indian reservations 
not having been returned to this office, I am on that account prevent- 
ed from acting on them. The surveyor General at Cincinnati, has 
this day been instructed to send them on, and so soon as received, your 
request to have the selections approved, shall be attended to. 
I am, very respectfully. 

Your ob't. servant, 

JAS. WHITCOMB, Commis'r. 

Wm. Polke, Esq. Com. for the Michigan Road, Chippewa, Indiana. 

G 

Office Commissioner Michigan Road,) 
Chippewa, Aug. 25, 1837. J 
Sir— 

I had the honor to receive by due course of mail your letter of the 
10th ult., and at the same time the copies of the plats forwarded from 
the Surveyor General's Office at Cincinnati. A careful examination 
of the latter has resulted in ascertaining the errors made in the de- 
scriptions so for as received; and I now furnish an amended list, con- 
taining the corrections made in conformity with the plats referred to. 

North-east and north-west quarters section 2, town 31 north, range 
2 east, 365.44 acres. — Fractional south-east quarter section 11, town 
33 north, range 6 east, 138.60 acres. — Southwest fraction of section 
12, town 33 north, range 6 east, 12.28 acres. — North-west fraction, 
(or 5) section 13, town 33 north, range 6 east, 26.78 acres. — No. 5, 6, 
7 and 8 section 14, town 33 north, range 6 east, 211.28 east. — North 
half north-east, and west half north west quarter section 14, town 33 
north, range 6 east, 160 acres. 

Plats of the following recently surveyed lands have not been re- 
ceived, but I have annexed the estimated amount of acres they con* 
tain : — 

West half, north-west quarter sec. 32, town 33 north, range 2 east, 
(west of east boundary Menominee Reserve.) 79 acres. West half, 
north-west fraction 27, town 31 north, range 3 east, (north of south 
boundary, Wewissa Reserve,) 92 acres. 

The accurate amount can be ascertained by a reference to the plats 
adjoining the reserve. The General Assembly's making it my duty 
to dispose of the Lands at the present season, must apologize for my 
40 



314 

so frequently and under other circumstances unnecessarily troubling 
you. 

I am, sir, respectfully, 

Your most ob't. servant. 

WM. POLKE, C. M. R. 
To the Hont Jas. Whitcomb, General Land Office, Washington City. 



H 

Indianapolis, December 12, 1837. 
Sir— 
The following tabular statement exhibits a complete list of the Mich- 
igan Road Lands selected agreeably to the provisions of the act of the 
General Assembly of the State of Indiana, approved January 20, 1837, 
entitled, "an act to authorize the Commissioner of the Michigan Road 
lo correspond with the Commissioner of the General Land Office, in 
order to have the title perfected to the State of Indiana, to the Michi- 
gan Road Grant, and for other purposes:" 

Lot No. 4 or S. E. fraction 18, T. 30, N. R. 1 W. 55 acres. 
LotsNo. 2, 3,4,5,6, W. |,S. 

W. i&S. E. ofS. W. 13, « 

E.half,N.E. 14, « 

Lot No 6 and frac. S. of Calamic 33, « 
E. half of N. W, quarter 36, " 

N. E. qr and N. W. qr 2, " 

WhIfN W(we8tIod'n. bound'y 32, " 
W half N W Frac. (N. Indian 

boundary) 27, " 

S E fractional section Hj " 

S W frac S of Lake, W. bound. 12, « 
N W frac W of boundary 13, « 

Lots 5, 6, 7, 8, N half N E N 

halfNW 14, « 

1,654.21 « 

The above selected lands completes the entire quota of the Michigan 
Road Grant, with the exception of 19.100. In addition, I had select- 
ed the N. fraction of Section 12, Town 33, N. 6 E. containing 6 acres 
and 76-100, as reported in my last. It has been withdrawn as it was 
an excess over the entire road grant, I would respectfully solicit the 
transmission of the final certificate of title at as early a day as practi- 



u 


(( 


2 " 


322.09 


(( 


(( 


(( 


(( (( 


80 


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37 


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34.90 


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34 


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1 E. 


80 


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31 


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365.44 


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33 


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81.33 


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93.27 


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33 


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138.60 


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5.52 


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26.78 


a 


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371.28 


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315 

cable thereby enabling me to adjust, and finally settle the business, and 
close the concern during the present session of the General Assembly. 
I have the honor to be, sir. 

Respectfully your ob't serv't, 

WM. POLKE, C. M. R. 
To the Hon. James Whitcomb,) 
Com'r of Gen. Land Office. J 

P. S. All the land was sold except three small fractions containing 
106 acres. 



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Eden Shotwell, Laporte co,, la. 
J. Willis & Co., J. W. Wright & E. Shotwell, Lo- 
gansport and Laporte. 
James F. D. Lanier, Madison, la. 
J. Willis & Co., J. W. Wright & E. Shotwell, 


Logansport and Laporte. 
Leonard Cuder, Laporte. 
James Walker, do. 
Grove Pomroy, Marshall county, la. 
Daniel W. Jones, do. do. 
same, do. 
same, do. 
same, do, 
Timothy Barber, do. 
William Barbee, Miami county, Ohio. 
William Wough, Kosciusko county, la. 

same, do. 
Wm. Barbee, Miami county, Ohio. 

same, do do. 

same, do do. 
John Brown, Lawrence county, la. 
Wm. Barbee & Rowland Will^ird, Miami co., 0. 


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318 
K. 

Bridge street and Michigan road Free Bridge, 

Amount subscribed by the citizens of Cass county $1,496 00 

Doubtful debts — say $350 350 00 



Certain amount 1,146 00 

State appropriation 6,000 00 



$6,145 00 



The above named Bridge was undertaken by Willis^ 

& Graffus for the sum of f ^ 

with stone piers and abutments without siding and ^ ^^^j'ou 

ruffing J 

To complete with siding and ruffing $6,915 73 

The directors entered into bond and security with Willis & Griffiis 
to comple the first contract, and to complete and finish the second 
contract, if they thought proper. They have discovered, however, 
that there will be a lack of funds to finish the bridge and make the 
embankments (the latter are not yet under contract,) to the amount of 
$1,060 73. That sum would complete the bridge in every particular, 
and make it one of the most permament bridges in the State. It would 
consist of five stone pillarrs and two abutments twenty-five feet long, 
six feet thick and twelve feet high — sixty-five feet from centre to cen- 
tre. The stone work, as you have seen, is complete; the long tim- 
bers laid on, the rest of the timbers framed, and the workmen raising 
the frame part of the bridge. These facts the Board of Directors 
wishes you to embody in your annual report to the legislature, and to 
ask an additional appropriation of $1,060 73 to complete the above 
named bridge. J. VIGUS, Treasurer. 

Wm. Polke, Cora. M. R. ' 



Dear Sir — You will perceive by a copy of a resolution of the Board 
of Internal Improvement, herewith forwarded, that it has become my 
duty to make the survey, &c. of the Michigan Road, as contemplated 
by the act of the last session of the Legislature. 

Will you be so good as to inform me of the amount of the Michigan 
road funds now on hand, and also, as early as practicable place .them 
SD that they maybe available in carrying into effect the object of the 
resolution? 

Will you also please state what prospect there is of realizing any 
thing from further selections of Michigan Road Lands, as it is necessa- 
ry to know the amount at disposal, before any plan of improvement on 
the road can be settled upon 

The resolution adopted by the Board, is as follows: 



319 

Resolved, That Daniel Yandes, as soon as the amount can be ob- 
tained by him from the Michigan Road Funds, cause a survey and esti- 
mate to be made on the Michigan Road north of Indianapolis, through 
Logansport, South Bend and Laporte, to Michigan City, with.a view 
of ascertaining the kind of improvement most practicable on said road, 
and that he make his report to this Board at their next semi-annual ses- 
sion." Your early attention to this will confer a favor. 
Very respectfully, 

Your ob't servant, 

D. YANDES, 

Act'g. C. Cen. CanaL 
W. PoLKE, Com'r. of Michigan Road. 



Office of Com'r. Michigan Road,) 
Chippewa, June 26, 1837. \ 

SIR — I am in the receipt of your letter of the I8th inst. propound- 
ing inquiries as to realizing any thing from the further selections of 
Michigan Road Lands, and the amount of Michigan Road Funds now 
on hand, and desiring me to place them so that they may be available 
in carrying into effect the object of the resolution of the Board of In- 
ternal Improvement, with regard to the contemplated survey of the 
Michigan Road. 

In reply, I have the honor to state that the act, approved January 
20th, 1837, authorizing the Commissioner of the Michigan Road to 
correspond with the Commissioner of the General Land Office,&c. &c. 
and the act supplemental thereto, renders it my duty to furnish from 
the funds referred to, the sum of five thousand dollars to the Commis- 
sioner of the Eel river bridge, and an equal sum on account of the 
White river bridge, on a compliance with certain specified conditions. 
I have been notified by the Commissioners of the Eel river bridge that 
the terms have been complied with, and that the bridge has been put 
under contract. They have made a demand for the money, a part of 
which has been paid, and I have accepted to pay the remainder. From 
an examination of the annexed statement of the condition of the Fund, 
you will discover that there is not sufficient on hand to satisfy the spe- 
cific appropriations for the bridges. I have not as yet been apprized 
of the commencement of the White river bridge, and being anxious 
that the survey should be made the present season, so soon as I com- 
plete the examination and selection of the lands, which will be on the 
last of July or early in August, I will come to Indianapolis and confer 
with you. The balance on hand, after paying the appropriation for 



390 

the Eel river bridge and the contingent expenses, will probably amount 
to $1,000. I will therefore place that amount under your control, 
hazarding that there will be enough obtained from the proceeds of the 
sale to cover the appropriation for the White river bridge. The re- 
maining sum on hand, if any, will be applied towards the completion 
of the survey and estimates. 

I am sir, very respectfully, 

your ob't serv't, 

W. POLKE, C. M. R. L. 
Hon. Damel Yandes, 

Act'g. Com'r. C. Canal. 

P. S. No doubts need be entertained as to the sales in Oct'r, next. 



321 



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Ldst of Michigan Road Lands remaining unsold 


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Price fix- 




Description. 


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Amount. 


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355 $630 


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138 07 



Mr. Coleriok moved to reconsider the vote given in concurring with 
the resolution from the House of Representatives, relative to the re- 
vision of the laws. 

The ayes and noes being called, 

Those who voted in the affirmative were^ 

Messrs. Baird of St. J., Beard of M., Casey, Chambers, Clark, Cole, 
Colerick, Crawford, Daily, Dunn, Ewing, Little, Moffitt, Mount, Sig- 
ler, Smith, Stewart, Thompson of L., Watts of D., and Vawter — 20. 

Those who voted in the negative were, 

Messrs. Bell, Bowen, Bradbury, Brady, Cathcart, Dobson, Dunning, 
Elliott, Finch, Green, Hackett, Hoagland, Kennedy, Mitchell, Moore, 
Morgan of D., Morgan of R., Puett, Stafford, Stanford, Turman, 
Thompson of P., Trask, Tuley, Walker, and Watt of U— 26. 

So said vole was not recoDsidered. 

Od motion adjourned. 



323 

SATURDAY MORNING, Dec. 23, 1837. 

Senate assembled. 

On motion of Mr. Sigler, 
Resolved, That when the Senate next adjourns, it will meet again, 
as provided for by a resolution of the two Houses on an adjournment. 
On motion of Morgan, 
The Senate adjourned. 



THURSDAY MORNING, Dec. 28, 1837. 

Senate assembled. 

A call of the Senate being had and a quorum not being present, 
On motion, the Senate adjourned. 

2 o'clock^ P.M. 

Senate assembled. 

Mr. Vawter moved to re-consider the vote given on a resolution of 
the senator from Fountain, relative to appointing a select committee to 
examine into the conduct of the Branches of the State Bank of Indiana ; 

Which motion was negatived. 

The President then announced the following gentlemen as the com- 
mittee of said investigation: 

Messrs. Bowen, Moore, Casey, Vawter, Tuley, Thompson of L., 
Watts of D,, Colerick, Cole, Moffitt and Elliott. 

Mr. Green moved to re-consider the vote given on the re-considera- 
tion of the vote adopting the resolution relative to a revision of the laws. 

There being a doubt as to the parliamentary propriety of this mo- 
tion; the vote having been previously taken and negatived, the chair 
postponed its decision until tomorrow, the Senate concurring therein. 

A message from the House of Representatives, by Mr. Elliott their 
clerk: 

Mr. President — 

1 am instructed by the House of Representatives to inform the Sen- 
ate, that they have passed an engrossed bill No. 25, which originated 
in the Senate, entitled. 

An act to incorporate the American Cannel Coal Company, with- 
out amendment. 



324 

The President laid before the Senate a communication from the 
Commissioner ot the Michigan Road; 

Which, on motion of Mr. Ewing, was laid upon the table. 

Leave being granted, Mr. Ewing presented a joint resolution ; which 
being read, was, 

On motion of Mr. Ewing, the rules being dispensed with, read a 
second time. 

Mr. Brady moved to fill the blank in the 3d line with the words 
"one month;" when, 

On motion of Mr. Morgan of R., it was laid on the table. 
On motion of Mr. Brady, 

Resolved, That a select committee be appointed to wait on the Hon, 
Jeremiah SuUivan, and respectfully request him to furnish copies of 
the addresses delivered before the Education Convention on Tuesday 
last by the Rev. Dr. Wylie and Dr. Baldwin for publication, and that 
2000 copies of the same be printed for pubUc distribution. 

Mr. President — 

The joint committee on enrolled bills now report, that they have 
compared the enrolled bills of the House of Representatives, 

No. 7, entitled an act to amend an act entitled an act to appropriate 
the three per cent, fund in certain counties therein named, approved 
February 4, 1837; and. 

No. 23, entitled an act for therelief of E. M. Jones; 

And find them truly enrolled. 

The following message was received from the House of Represen- 
tatives by Mr. Elliott their clerk: 

Mr. President — 

The House of Representatives have passed an engrossed bill of the 
Senate, entitled. 

No. 39 — An act authorizing the sale of certain school lands therein 
named and for other purposes; 

Also an engrossed bill of the House of Representatives, 

No. 47 — An act relating to the collection of the state and county 
revenue in the county of Lake ; 

In which the concurrence of the Senate is requested. 

The Speaker of the House of Representatives having signed enroll- 
ed bills of the Senate, entitled, 

No. 6 — A joint memorial of the General Assembly of the State of 
Indiana in relation to the harbor at Michigan City ; 

No. 25 — An act to incorporate the American Cannel Coal company; 

Also an enrolled bill of the House of Representatives, 

No. 32 — An act to legalize the acts of the Fayette county Bridge 
Commissioners. 

I am directed to bring them to the Senate for the signature of the 
President thereof. 



325 

The engrossed bill of the House No. 47, entitled an act relating (o 
the collection of the state and count)' revenue in the county of Lake, 
being read, was ordered to a 2d reading to-morrow. 

Bills No. 39 and No. 32, and the joint memorial No. 6 and bill No. 
25, mentioned in the message, having been signed by the President, 
were handed to the committee on enrolled bills, to be presented to the 
Governor for his approval and signature. 

Mr. Colerick offered the following resolution: 

Resolved, That a select committee be appointed to inquire into the 
expediency of authorizing and directing the Secretary of State to 
make a record of all deeds which the state may make to the purcha- 
sers of the canal lands, with leave lo report by bill or otherwise. 

Mr. Cathcart moved to amend by inserting the Michigan road lands; 

Which was agreed to. 

The question then being, shall the resolution be adopted? and the 
Senate decided in the affirmative. 

Ordered, That Messrs. Colerick and Hackett be that committee. 

Mr. Mitchell moved the following resolution: 

Resolved, That the editors of the Indiana Democrat be brought to 
the bar of the Senate by order of the President, to answer for a libel 
upon members of this Senate. 

And on motion, the Senate adjourned. 



2 o'clock^ P. M. 
Senate assembled. 

Mr. Chambers introduced a bill, No. 80, entitled "A bill to pre- 
scribe the mode of electing commissioners of the board of Internal im- 
provements." 

Which being read, on motion, the rules were dispensed with, and 
the bill read a second time. 

Mr. Kennedy moved to amend the bill, by striking out from the 
word "elected," all of the first section, and insert "by both Houses of 
the General Assembly, viva voce.'''' 

On motion of Mr. Dunning, 

Referred to a select committee of Messrs. Dunning, Brady, Cath- 
cart and Chambers. 

Mr. Bowen presented a petition from Daniel Mace and others, pray- 
ing a State road therein named; referred to the committee on roads. 

Mr. Trask presented a petition from Isaac Carter and others, pray- 
ing the enactment of a law for purposes therein mentioned; referred 
to the committee on education. 

Mr. Tuley presented a petition from A. Clapp and Payton A. Key 
and others, relative to the Jeffersonville and Crawfordsville Rail Road, 
referred to the same select committee as was referred the documents 
heretofore presented to the Senate on that subject. 

Mr. Bell presented a remonstrance from N. Berry and others, re- 



326 - 

monslrating against the annexation of the county of Madison to a new 
judicial circuit. 

On motion of Mr. Bell, laid on the table. 

Mr. Finch presented a petition from Robert Watts and others pray- 
ing an act to incorporate an academy, &c.; referred to a select conj- 
mittee of Messrs. Finch, Ewing and Mofiitt. 

Leave being granted, Mr. Bowen from a select committee, now re- 
ports — 

Mr, President — 

The resolution of the Senate, appointing a committee to investigate 
the conduct of the State Bank and branches, have taken into cansid- 
eration the propriety of carrying into effect the object of that resolu- 
tion, and have directed me to report the following preamble and re- 
solution, to wit: 

Whereas, the committee believe it to be impossible for them, to do 
justice to the duties assigned them, without visiting each branch; and 
to do so would be out of their power at this session of the Legislature. 

They at the same time, fully concur in the necessity of having a 
thorough investigation, into the conduct of (he different branches of 
the State Bank; (not but what they have full confidence in the solven- 
cy of the bank, but for the purpose of correcting the evils of its ad- 
ministration, should any exist). 

They also conceive it important, that it should be done in a proper 
and legitimate manner. The only mode of such an investigation is to 
be found in the 26th section of the charter, to wit: the General As- 
sembly may at any time appoint an agent to examine into the state 
and condition of said bank, and each and every branch thereof, who 
shall have the same power and rights as examiners appointed by the 
directors of the State Bank," &c. 

With these views, I am directed to report the following resolution, 
and ask to be discharged from the further consideration thereof: 

Resolved, That the Senate and the House of Representatives, do ap- 
point an agent to visit each branch of the State Bank of Indiana ; whose 
duty it shall be to inquire into the state and condition of each branch 
thereof. The examination to extend to all the privileges granted to 
them by the charter. The amount of discounts made to citizens living 
in the towns where the branches are located, and each county com- 
posing the districts taken separately; also the liabiUties of the officers 
of each branch from time to time; also whether any discounts, have 
been made to individuals, living out of the State, and all the particu- 
lars relating to such transactions. 

The examination to commence on the and 

to be continued until it is completed ; and the agent is hereby required 
to report the result of his examination to the next General Assembly. 

Mr. Clark moved commit the report to the committee on the State 
Bank; which was agreed to. 

Mr. Kennedy moved to re-consider the vote on committing said re- 



327 

port to said committee of the bank; which was also agreed to. 

Mr. Clark_]then withdrew his motion. 

Mr. Kennedy then proposed to re-commit the report to the same 
select committee, with instructions to proceed with their investigation 
as far as practicable at this time. 

Mr. Stanford moved to lay the report and amendment on the table; 
which was negatived. 

On motion of Mr. Clark, 

Mr. Stafibrd obtained leave of absence until Monday next. 

On motion, Senate adjourned. 



FRIDAY MORNING, Dec. 29, 1837. 
Senate assembled. 

The President announced to the Senate this morning, that in his 
opinion, it would not be in order to re-consider a vote given on the 
re-consideration of a resolution, which re-consideration had been pre- 
viously negatived by the Senate. 

And an appeal thereupon being made to the Senate, the decision of 
the chair was sustained. 

Those who voted in the affirmative were, 

Messrs. Bell, Bowen, Bradbury, Brady, Cathcart, Chambers, Craw- 
ford, Dunn, Dunning, Elliott, Ewing, Finch, Green, Hoagland, Little, 
Mitchell, Morgan of R., Sigler, Stafford, Stanford, Turman, Thomp- 
son of J., Thompson of P., Trask, Tuley, Walker, Watts of D. and 
Watt of IJ.— 28. 

Thoie who voted in the negative were, 

Messrs. Baird of St. Joseph, Beard, Casey, Clark, Daily, Hackety 
Morgan of D., Smith, Stewart, and Vawter — 10. 

The president laid before the Senate a communication from the 
Treasurer of State, in relation to the State House; which was refer- 
red to the committee of ways and means. 

The president also announced to the Senate the names of the fol- 
lowing gentlemen, as composing the committee on the revision of the 
laws, on the part of the Senate: — Messrs. Mitchell, Thompson of P., 
Dunning, Baird of St. Joseph, Kennedy, Finch, Morgan of R., Thomp- 
son of L. and Smith. 

Mr. Sigler moved that the secretary be directed to withhold from 
the House of Representatives the information of the passage of the re- 
solution, on the subject of the revision of the laws, until otherwise di- 
rected by the Senate. The ayes and noes being called — 



328 

Those who voted in the affirmative were, 

Messrs. Baird of St. Joseph, Beard of M., Casey, Chambers, Clark, 
Crawford, Daily, Dunn, Ewing, Green, Morgan of D., Sigler, Smith, 
Stewart, Watts of D., and Vawter — 16. 

Those who voted in the negative were, 

Messrs. Bell, Bowen, Bradbury, Brady, Cathcart, Dunning, Elliott, 
Finch, Hacket, Hoagland, Little, Mitchell, Morgan of R., Stafford, 
Stanford, Turman, Thompson of J., Thompson of P., Trask Tuley, 
Walker and W^att of U.— 22. 

So said motion was negatived. 

On motion, Senate adjourned. 

'2 o'clock, P. M, 
Senate assembled. 

The president laid before the Senate a communication from the 
board of internal improvements. 
On motion of Mr. Ewing, 
Laid on the table, and 500 copies ordered to be printed. 

Office State Board of Improvement,! 
Indianapolis, December 28, 1837. 5 

Hon. David Hillis, 

President of the Senate : 

Herewith is transmitted, for the information of the General Assem- 
bly, a report and survey of the Michigan Road, north of Indianapolis, 
made by Julius W. Adams, Civil Engineer, in pursuance of the re- 
quirements of the act of 2nd Feb. 1837. 

Very respectfully, &c. 

D. H. MAX^VELL, 

President of the Board. 



Indianapolis, December 20, 1837. 

To the Board of Internal Improvement, 

of the State of Indiana : 

The survey of the Michigan Road ordered at the last session of the 
Legislature of this State has been made in conformity with instruc- 
tions received from D. Yandes, Esq. Commissioner. 

The estimates and plan for the improvement of the road are here- 
with submitted. Tha limited time allowed for ^he completion of the 



329 

festittiates, will prevent submitting at this time the maps and and pt6- 
files, they are now in progress and will be finished at an early day. 

Before proceeding to the estimates, a few remarks on the details of 
the survey, the features of the country passed through, and the several 
plans of improvement suggested, will be made. 

The examinations were commenced at the forks of the road, a short 
distance from the crossing of the Michigan road by the Central canal, 
about half a mile north of the capital. The act providing for the sur- 
vey authorizes no deviation from the road as already opened. The 
points where a slight deviation would improve the road and diminish 
the expense of repair without adding materially to the distance, will 
be noted on the map. 

At Logansport the road strikes the Wabash river below its junction 
with Eel river, where the road terminates on the south bank of the Wa- 
bash---the next point where it appears, is nearly a mile east of this on 
the north bank of Eel,no location of the road having been made through 
the town. The bridges now constructing at either termination of 
Bridge-street in Logansport, (the one over the Wabash, ihe other over 
Eel river,) would warrant other circumstances remaining the samCi 
the passage of the road by these points, in which case the present lo- 
cation of the road on the south bank of the Wabash would be, as it 
now is, very awkward. The improvements in the vicinity of the road 
at this place are not of a character to confine its termination here. 
By deflecting from its present location, or rather by continuing the 
course it has at or near the bluflf before entering the bottom, it strikes 
the bridge now constructing over the Wabash, and reduces the dis- 
tance a little more than one-fourth of a mile in less than two miles; 
a sufficient improvement to justify the change. 

The act of the Legislature above referred to, runs thus: "The sur- 
vey of the Michigan road passing through Logansport, South Bend and 
Lapcrte to Michigan City." In the absence of specific instructions on 
this head, I confined my examinations to the Michigan road, which 
leaves one of these points, (Laporte,) some six miles to the south. The 
survey terminated in Michigan City at the intersection of the Michigan 
road with Michigan and Spring-streets; no estimate being made for 
the improvement of that portion of the road lying within the limits of 
the city. 

The face of the country between this and Logansport, is in common 
with this section of the State, flat; the soil a rich clayey loam. In the 
immediate vicinity of the streams the country is more rolling, and the 
soil in some instances a little more sandy. The flat loam is heavily 
timbered for the most part, some small patches of open swamp occur- 
ring at intervals. After crossing the Wabash, an immediate change 
takes place in the character of the country; the soil is more sandy, 
clay appearing on the surface only at intervals, and the country in- 
stead of presenting one uniform flat, exhibits a succession of rolling dry 
"oak barrens," sand hills, and open wet and dry prairies. 
42 



330 

From Logansport to South Bend, the sand and gravel being mostly 
of a limestone formation, may be converted into a good road with lit- 
tie labor; draining readily and at the same lime sufficiently firm on the 
surface; between these two points (with the exception of the wet prai- 
ries) a natural road is found. 

From South Bend to Michigan City with the exception of Rolling 
and Terre Coupe prairies, the soil on the surface is quite sandy, but 
unlike that between South Bend and Logansport does not become firm. 
The country is very much broken by said hills, and is in consequence 
readily drained, but the sand, particularly in the vicinity of Michigan 
City, is fine and makes a heavy road. 

No indications of stone were met with except at Logansport. The 
beds of the principal streams crossed were gravel, and occasionally, 
particularly at Wild Cat and Big Eagle creeks, rolled masses or boul- 
ders of stone appeared, and these boulders are frequently excavated 
from the banks of the stream and elsewhere, but they nowhere appear 
in sufficient quantities to be relied upon aa material for a road. Gra- 
vel or stone from White river, gravel from Wild Cat and Eagle, and 
stone from Logansport, are the only materials upon which we can re- 
ly for a road covering between Indianapolis and Logansport. North 
of Logansport gravel can be found in many places though small, with 
the exception of that found in the bed of the St. Joseph river. It is 
scarcely needed however here, as the natural soil by proper ditching 
forms a good road, which stone to be sure would improve, but gravel 
would not. 

The country in the immediate vicinity of the road, thus divides it- 
•self into two natural divisions, which divisions will be followed in the 
estimates. The first division from Indianapolis to Logansport, flat and 
clayey, the second from Logansport to Michigan City, rolling and 
sandy. 

In the 1st Division, after rising in a distance of 23 miles from Indian- 
apolis 250 feet, (the levels referring to the base of the State House) 
f^JIs the same height to a distance of 44 miles; this is on the bluff be- 
fore entering the Wabash bottom; from this point it falls to the bank 
of the river at the bridge 95 feet. — Mean ascent per mile, from Indi- 
anapolis to the summit at the "Half mile prairie" (7h miles south of 
Kirk's) 10.8 feet; mean descent per mile from summit to south bank of 
the Wabash, 5.4 feet. 

In the second Division, the ground rises from the bank of Eel river, 
in, a distance of 27 miles, 290 feet; making the summit between Lo- 
gansport and South Bend, 2 miles north of Tippecanoe river, 201 feet 
above the base at Indianapolis. From this summit it falls to the 
South Bend, a distance of 39 miles, 200 feet; making the main street 
of South Bend about a foot higher than the base of the State House — 
mean ascent per mile from the bank of Eel river to this summit, 10.6 
fe€(t — mean descent, per mile, 5.1 feet. From South Bend the ground 
rises in 16.3 miles, 130 feet, and falls in the remaining distance to Lake 
Michigan 18.3 miles, 140 feet — mean ascent per mile to this summit, 8 
feet — mean descent per mile 7.6 feet; making the ordinary level of 



331 

Lake Michigan 139 feet below base of the Capitol in Indianapolis 

total distance surveyed, 171.75 miles. 

The first essential requisite in a good road, is a thorough drainage 
of the subsoil; without which no road can remain good, however well 
metaled and apparently firm it may be on the surface. This condition 
is obtained by a proper system of ditching, the bottom of the ditch be- 
ing far enough below the natural surface of the ground to insure the 
drainage from the subsoil of the road into the ditch. 

The next point in importance is to prevent the surface water from 
remaining on the road or draining through it. This is obtained by 
such a form being given to the cross profile of the road as to throw all 
the water falling on the road into the ditch; which precaution, if the 
soil is clayey, will be sufficient; if sandy the surface is protected by 
some covering which seems also to reduce the amount of resistance of- 
fered to the passage of vehicles. 

On the first Division, (he country, as before mentioned, being flat 
and the soil clayey or spungy, the main difficulty is to secure a dry found- 
ation; if the subsoil is properly drained, the nature of the soil will pre- 
serve the surface dry if a reasonable attention be paid to the convex- 
ity of the surface. 

1 he ditches originally opened were much too small every way, The 
ruts made by the wagon wheels need not be very deep to penetrate be- 
low the level of the bottom of the ditch; the consequences were, that 
the farther a wheel penetrated the more yielding was the material it 
encountered. The breach thus made was repaired by throwing on 
leaves (in some instances) decayed wood, and brush, with some of the 
top soil from the ditch above it, but the water was left standing under- 
neath by reason of the shallowness of the ditch; it could not drain off, 
and it could not be absorbed by the substratum of clay, then it remain- 
ed to assist in the formation of new ruts, and on the yielding of the ma- 
terial thrown over it, which probably took place in a short time, the 
road was in a far worse state than before the repair, 

The estimates on this Division provide for the following improve- 
ment: 

When the subsoil is firm, or of a sandy nature, and in situations 
where from the slope of the ground the ditches can readily be drained 
into the water courses, the ditches have been estimated at a width of 
8 feet, and at least 3 feet in depth below the natural surface. In the 
above mentioned situations, and on all embankments in height 3 feet 
and over, a width of 30 feet has been allowed, with a transverse slope 
from the centre each way of 1 foot in 15. A depth at the centre of at 
least H feet is considered necessary. 

When the surface is wet and spongey, which constitutes a large por- 
tion of this division, a grillage of limber roughly hewn on the upper and 
lower sides to a thicknes of about a foot, and from 18 to 20 feet in 
length is to be laid level transversely of the road on the natural surface, 
and of a uniform grade. The ditc^jes are to be opened on each side 
to a width of 10 feet, and at least 3 feet below the natural surface upon 
which the timber rests, the distance between the ditches 24 feet; the 



332 

material from the ditch (with the exception of the top soil when of ve- 
getable matter) to be disposed over the grillage burying it completely 
to a depth at the centre of 1 i feet, an3 at the ends 1 foot ; the timber to 
be of oak seasoned before being laid, and the material when thrown on 
the grillage to be well settled. 

It has been suggested by an engineer of experience in this state, 
with a view partly to economy as well as to insure a better road when 
newly made, and the material in a green state, to cover the timber on- 
ly to a depth of a few inches merely filling the creviees between ihe 
timbers, and reducing also the size of the ditch: another object in this 
plan was to allow the wheels when the road was in a bad condition to 
come upon the solid foundation . If no material but the top soil could 
te procured for covering, this plan might be the best, at all events the 
cheapest as to the first cost, but as clay or sand, or a mixture can al- 
ways be found, and as preserving the timber from the wear of the 
wheels and the weather will be an object, it can only be secured by 
covering them completely. Another objection to this plan is, that if 
BO thin a covering is laid on the timber, the road surface must necessa- 
rily be very flat; very little transverse slope can be given to it, and the 
consequence will be that the water which falls upon the road must ei- 
ther drain between the timbers, or remain on the road; either result 
being equally injurious. The road will always be rough from the un- 
equal wear of the timbers, and these latter will require frequent ad- 
justment and renewal. 

It is believed wherever this grillage is necessary, the ditches should 
not be under 10 feet in width at the surface; and if the material exca- 
vated from the ditch be clay, a mixture of clay and sand, (and at a 
depth of 3 feet it is pretty sure of being one or the other) the grillage 
should be completely buried by it; by which means the timber is pre- 
served, the road surface is cut off from the effects of standing water be- 
low the timber, and such a slope can be given to the road surface as al- 
ways to prevent water from standing on it. By using the precautions 
of seasoning the timber and well settling the material thrown on, as well 
as continuing whatever repairs may become necessary on the same 
plan, it is believed in the course of a few years the clay or loam will 
have become consolidated over the grillage, and a dry road surface 
will be obtained. It has been noticed that whenever the clay appears 
on the surface and is properly drained, the road is firm and dry, even af- 
ter severe rains. 

Roads on a somewhat similar plan have been constructed over marsh- 
es in some parts of the United States, and have been found to answer 
every purpose of a dry road. 

It is the practice frequently over marshes instead of timber to use 
brush laid to the depth of 12 or 18 inches. Good roads have been con- 
structed on this plan, and it is cheaper than the timber, but for this road 
would scarcely be as durable. 

On the second division from Logansport to Michigan City, a great 
portion of the road will require merely ditching. Over the swamps 
and wet prairlee, the same plan as that suggested for the 1st division 



333 

will be necessary, viz: grillage of timber. But in some situations, the 
difficulty instead of being as on the 1st division to drain the road, con- 
sists in the want of solidity to the surface, the sand in these situations 
being fine. The use of stone here being out of the question from its 
scarcity, the only material left at our disposal, is wood. The follow- 
ing plan is believed to combine the requisites of durability and econo- 
my in as great degree as the material used is susceptible of: when I 
say economy, I do not mean in the construction, or first cost, but in the 
subsequent outlays. 

When wood is subjected to the wear as well as to tne pressure of 
heavy bodies passing over it, the best direction for the wood to receive 
this pressure is parallel to the direction ofthe fibre. In order to effect 
this, the wood after being well seasoned, is reduced to blocks of about 
nine inches in length and six in diameter; the section being of such 
form as to allow of a close contact when laid, as possible; It may be 
either square or hexagonal, the latter is preferable as a better bond is 
obtained among the blocks, and the greater the number of sides in the 
block, the nearer it approaches its natural form of a cylinder, and the 
fibre is less injured by the saw. 

The road bed is formed of sand or gravel as compact as possible, 
with a slight and uniform convexity. A curbing of heavy timber squar- 
ed the depth of the blocks is firmly secured on each side of the con- 
templated paving by short piles and occasional ties; the blocks are 
compactly arranged within this curbing; and settled firm on their beds 
by a light maul; by being all sawn in the same machine, and conse- 
quently of the same size in every way, their upper surfaces will have 
the same convexity when laid, as is given to the road bed, and their an- 
gles being equal, will allow of very close contact; when finished, a 
layer of sand is laid over the surface, and the curbing is besides com- 
pletely hurried, giving additional strength and durability to it, and for- 
ming a regular slope from the centre each way of about 1 in 20. In 
laying this paving, care is necessary in laying the curbing as well as 
blocks, to insure a perfect compactness, the curbing must be so secure 
as to prevent the slightest lateral yielding. The layer of sand by the 
pressure of the veheicles passing it, becomes, as it were, part o( the 
wood itself, the Interstices are completely filled, forming a hard and 
uniform surface, and the road is preserved dry. 

The wear and tear of this road will be much less than one of stone, 
its elasticity giving it a decided advantage over the latter species of 
road. 

These roads have long been in use in Russia, and they have within 
a few years been tried on a small scale in some parts of our own coun- 
try, and the experiment thus far has been very satisfactory. 

In Buffalo N. Y. where stone abounds, they are now, I am inform- 
ed, constructing this kind of road in preference. 

As to the kind of wood to be made use of, no better timber can be 
desired than the oak found in abundance in the vicinity of the road. 

Of the advantages of this species of road in this country over the 
McAdamized, it is needless to enlarge, as wherever this kind of cover- 



334 

ing is rendered necessary by the nature of the soil, stone can scarcely 
be found within a day's journey. 

Grade. — The grade frequently taken as the'maximum for a turnpike 
is three degrees. The estimates on this road have been made for a 
grade of two degrees. There are points exhibiting in the present state 
of the road over 4 degrees of ascent; these however are few in number 
and of small extent. 

Over this road when in its best state and at the most favorable sea- 
son of the year 4,500 lbs, is called a greatload for six horses, as I am in- 
formed by experienced wagoners on the road. On a good MciVdam- 
ized road, the traction of a ton, or the weight necessary to draw a ton 
on a level, is about 80 lbs. (on the Holyhead road in England it is but 
76 lbs. — on a good rail road, from 8 to 10.) Taking the power of a 
horse as 140 lbs., moving at the rate of 2 miles per hour, or 1 12lbs. at 
the rate of 24 miles per hour (which by many enginers has been con- 
sidered his speed when his useful elTect is the greatest), and on a level 
McAdamized road in good order, six hores could draw 18,000 lbs. — 
allowing the traction of a (on on this road when improved and in its 
best state to be 112 lbs., and we have for the load of six horses 13,440 
lbs., three limes what it now is. 

Taking this as the load on a level for six horses, and wefind.the max- 
imum load for this power upon a three degree ascent to be 6,565 lbs., 
not quite half the load on a level. 

If the road is graded to this ascent, this load of course will be the 
maximum limit for six horses, viz: not quite half the effect of 
the same power on a level. 

Upon an ascent of two degrees the same power may draw 7,607 lbs., 
making a difference in favor of the latter grade of 1,042 lbs. for every 
six horse wagon. 

Supposing 9,000 tons (which may be a large estimate now) to be 
transported over the road annually, of course the less the number of 
horses and wagons employed in the transportation, the less the injury 
^one to the road, by grading at two degrees instead of three, the num- 
ber of wagons may be reduced in the ratio of 3 to 2.25. The differ- 
ence in cost between griding at two and at three degrees may'be 
stated at $23,148 — 2 degrees accordingly has been asstimed as the 
proper grade. 

A (ew remarks here, will not be amiss, as regards the travel on the 
road, and the means for keeping it in repair when properly construct- 
ed. The distance now travelled in a day by a six horse wagon and load 
(taking the road at its average state) does not average 12 miles. Al- 
lowing this as the distance travelled daily, and it will require 14 days 
to make the tripfrom Indianapolis to Michigun Cityj taking the daily 
expense of a horse at 30 cents, and we find the cost to the wagoner for 
horse feed to be $25 20 in transporting 4,500 lbs. from this to 
Michigan City. 

The road when improved will allow him with the same power to 
take more loading in 8 days, thereby saving in horse feed alone $10 80, 
to say nothing of his own expenses, time, or the wear and tear of his 
wagon; the saving in horse (eed he would willingly relinquish to secure 



335 

to himself the other advantages. Supposing his wagon and load were 
3 tons, this saving in horse feed if paid as toll, would amount to 2 cents 
per ton per mile. As the road improves and the travel increases, 
which it must over this great thoroughfare of the State, it will in 
a short time amount to the estimate obove, viz: 9,000 tons yearly; 
which if the toll is levied on the weight at the above rate, will give 
$160 per mile, or $27,260 per annum. The wagoners on the road 
would cheerfully pay this toll if the road was so improved that they 
could calculate on making 20 miles per day. Those directly interest- 
ed in the state of the road would, we may safely say, in every case, 
prefer paying a small toll at the rates, to a larger one to the grain mer- 
chant and wheelwright. 

Estimate for Road Bed. 

The width of the road to be 30 feet on high embankments, through 
cuts 25 feet and over marshes 24 feet, the drains and culverts in every 
instance to be made of heavy timber in a durable manner the width of 
the road way; the piers and abutments of the bridges with one ex- 
ception (at White river) to be of wood. 

FIRST DIVISION. 

On this division, one man can excavate and throw from the ditch 
no more than 12 cubic yards per day; it will require two men to lay 
the material thrown by five; therefore every 60 yards thrown on the 
road from the ditch will cost the labor of seven men, which at $1 per 
day, each, will give as the cost of a cubic yard, 1 14 cents. 

When the grading is made by removing earth from the hills, (the le- 
vel on a descent) one man can wheel to a distance of 200 feet and re- 
turn with the empty barrow, while a barrow is being filled; there- 
fore every yard raised and carried 400 feet will cost the labor of three 
men, which on the same terms as above, give as the cost of a cubic 
yard measured in the embankment, 25 cents. 

The contract prices on the Central canal for oak timber, similar 
to that needed on this road, is about 10 cents per foot; an estmate has 
been made, however, as follows: 

It has been assumed that three cents per foot will purchase the tim- 
ber as it stands; it cannot, except in particular localities, be worth 
more than that to the land owner. One man can score and hew of oak 
timber, 50 running feet one foot square, or its equivalent 200 super- 
ficial feet per day ; to cut, score, and hew 600 feet or 300 running feet 
on two sides, will require the labor of four men, (allowing one man to 
cut and assist), which at $1 50 per day each, gives as the cost of hew- 
ing a running foot of the description required 2 cents, or 5 cents for the 
timber when hewn; supposing the average haul half a mile which it 
need not exceed, and the cost of the timber delivered on the road, is 
6 cents; the cost per running foot when laid on the road may be taken 
at 6t cents. 



336 
ESTIMATE. 

This Division is divided into 1 6 Sections of 23,000 feet each. 



CO 
a 
a 

ST. 
O 


Grading 
of hills, 
cub. yds. 


wsd 

erg. 3, 
op JJs 


O 

e 

CO 


Running 
ft., double 
ditching. 


Running 
ft. grillage 
covered. 


qq cT 
3 ^ 

a aq 


Amount.. 


Aggregate. 


a 


Dolls, cts 




1 


5,030 






15,000 




$300 


2,957 50 




2 


25,400 


40 


3 


15,000 






8,763 




3 


9,010 




4 


17,000 






4,409 25 




4 


4,690 


100 


9 


13,000 






4,021 75 




5 


10,680 


190 


8 


15,000 






7,754 25 




6 




50 


3 




23,000 




24,011 50 




7 


830 




4 




23,000 




23,739 50 




8 


1,150 


120 


4 




23,000 




25,020 




9 




60 


4 


1,000 


17,000 




18,793 50 




10 


4,970 


180 


6 


6,000 


10,000 




14,136 




11 


1,150 


200 


3 


10,000 


9,000 




12,608 




12 


15,750 


160 


6 


2,000 


12,000 




18,164 




13 


4,600 


100 


4 


6,000 


16,000 




19,274 




14 


5,600 


200 


3 


4,000 


13,000 




19,607 




15 




450 






23,000 




26,598 




16 


7,540 




4 


7,000 


14,000 


17,159 25 


$247,016 60 



337 

In the crossing of White river and the Central canal, in order to al- 
low the grade being reduced to two degrees without interfering with 
the canal, as well as prevent difficulty in the crossing of the canal so 
near the river bridge, a deflection of the road to the west at or 
near the top of the bluflf would perhaps avoid these difficulties, and 
reduce the expense of crossing the river by reducing the necessary 
height of the bridge. 

In the above table no estimate is made for the White river bridge. 
Id case this change is made, the Bridge may be estimated; 

Rubble masonry for 1 pier and abutments $4,000 

240 running feet Bridging a $20 4,800 

7000 yards earth moved a 25 cents, 1,750 

$10,550 



This added to the above, gives as the total cost of road for- 
mation from Indianapolis to Logansport, 69.79 miles $257,506 50 
Contingencies, 10 per cent. 25,756 60 

$283,323 10 
Average cost per mile for road bed ^4,059 00 

r7*~* i - ■■!■■■■■ * 

SECOND DIVISION. 

This is divided into 1 section of 9000 feet in length, and 23 sections 
of 23,000 feet. On this division the labor of a man may be takea 
as 1 5 cub. yds. raised per day, under the same circumstances as on the 
1st division; which will make the cost per cub. yard thrown from the 
ditch 10.7 cents; and every cub. yard raised and hauled 400Teet will 
cost 20 cents. 



41 



338 



00 
n 
a 

o' 


Grading 
hills, cub. 
yards. 


3 crc! 
crq ^ 


O 

s 

CD 


Running 
ft., double 
ditching. 


Running 
ft. grillage 
covered. 


Amount. 


Aggregate. 


» 


Dolls. els 




1 


21,060 


80 


4 






5,096 




2 


_ 8,610 




5 


8,500 


1,200 


4,145 




3 






3 


17,900 


2,100 


4,464 80 




4 






3 17,300 


5,700 


8,227 10 




5 




30 


2 21,900 


400 


3,377 10 




6 






3, 18,000 




2,201 40 




7 


20,530 


200 


2 


7,000 




7,001 




8 


8,470 




2 


12,000 


800 


4,038 80 




9 


380 






2,200 


1 


2,689 60 




10 


13,060 




3 6,000 


' 900 


4,384 40 




11 


3,290 


170 


5 7,000 


2,100 


5,602 90 




12 


4,300 




2 9,000 


3,400 


5,655 10 




13 


3,060 




3 14,000 


500 


2,890 90 




14 


2,650 




3 


17,000 




2,623 60 




15 


800 




1 


20,000 


1 


2,536 




16 14,560 




5 


9,000 


^2500 


6,806 10 




17 1,310 




3 


20,000 




5,523 




18 22,168 




8 


8.000 


700 ft. 


5,552 




19 




100 




23,000 


caus- 


3,732 40 




20 


17,218 




3 


14,000 


way. 


5,198 80 




21 


6,290 




5 


14,000 




3,026 20 




22 


69,653 


60 


8 


4,000 




15,217 80 




23 


6,960 


120 


5 


9,000 




3,717 20 




24 


5,341 


60 


4 10,000 




2,951 


$116,658 20 



339 

Estimatedcost of road formation from Logansport to 

Michigan City, 101.09 miles, |1 16,658 20 

Contingencies, 10 percent. 11,665 80 

Si 28,324 00 



Average cost per mile for road bed $1,276 00 



RECAPITULATION. 
First Division 283,322 50 

Second Division - 128,324 00 



$411,646 50 



Average cost per mile from Indianapolis to Michigan 

Citj S^^409 00 



The above it is believed will cover the cost of constructing a good 
road bed from Indianapolis to Michigan City. 

The covering, whether of wood or stone, will form a separate esti- 
mate. 

Merely repairing the present road as such repairs have usually been 
conducted, will be funds thrown away. In case however the funds ap- 
propriated to this purpose will not construct the road, the repairs, if 
conducted on a proper and uniform plan will, besides greatly improving 
the present road, test the value of the plan and serve as data for calcu- 
lation in the event of a final and thorough re-construction of the entire 
road, which no one can doubt will ultimately be made. If instead of 
a thorough, a partial repair be all that is undertaken at present, then, 
in order to effect the greatest amount of good with small means, the 
items in the above estimate which may be suppressed or reduced are 
these: First, the grading of the hills could be omitted, as where the 
grading is necessary a dry road is already found. The bridges will 
as they now are last with occasional repairs for some years to come, 
and when reconstructed can be made on a proper plan; and some por- 
tions of the road when ditching has been estimated as necessary, may 
be neglected without leaving the road altogether impassible. 

It will be found far better in the end, rather to leave some portion of 
the road (and portions needing repair) untouched, than endeavor to 
repair them with inadequate means. 

The system of patching, hitherto carried on on this road, will be 
found in the event of a proper system of repair being undertaken, to 
have thrown great impediments in the way of making a good road. 



340 

By throwing out of the estimate the cost of grading and renewing 
the bridge, it will stand thus: 

On the first division, cost of road bed $193,045 

10 per cent. 19,304 

Total $212,349 

Average per mile to Logansport $3,042 

On second division, cost of road bed $53,645 

10 per cent. 5,364 

Total $59,009 

Average per mile from Logansport to Michigan City $584 



RECAPITTLATION. 

First division $212,349 

Second division 69,009 

$271,358 
Average per mile from Indianapolis to Michigan City $1,595 

Those portions of the road demanding immediate attention, are the 
following: 

On First Division, Sections 6, 7, 8, 1 3, 14, 16, 16; alto- 
gether 30.4 miles $165,408 00 

On Second Division, Sections 2, 3, 4, 19, 20, 21, alto- 
gether 26.13 miles — as per estimate of table 28,792 00 

184,200 00 
Contingencies 10 per cent. 18,420 00 

$202,620 00 
Average per mile for 56.53 miles 3,586 00 

The above sections are the worst portions of the road, although at 
intervals on the whole line, small patches are met with as bad as the 
worst of these; for this reason in this latter estimate no deduction has 
been made from the estitmate of the several sections taken from the ta- 
ble on account of grading and bridging, as the estimate for these items 
(in the above mentioned sections,) could be advantageously appropria- 
ted to repairing their breaks throughout the line. An estimate for 
road covering is annexed: 



341 

The following estimate will show the cost of covering the road with 
stone or gravel. For a distance of ten miles south from Logansport 
(which is midway to Wildcat creek,) the stone for covering must be 
brought from Logansport; the next ten miles, gravel from Wildcat 
can be used. No material worth estimating can be found between this 
and White river: from Wildcat south we may estimate; the material 
for five miles bould. From Logansport south 15 miles — from White 
river to Indianapolis and from the river north, making in all 35 miles, 
is all the road on this division I would venture estimating the cost of 
McAdamizing. As before remarked it is unnecessary to estimate stone 
covering for the second Division. 

Commencing at Logansport, a horse cannot draw on this road, one 
day with another, more than 800 pounds useful weighty at the rate of 
2i miles per hour for 8 hours. The stone used at Logansport will 
weigh about 4,'200 lbs. to the perch of 25 cubic feet, requiring the 
power of five horses to haul — allowing the hire of a two-horse wagon 
and driver to be three dollars per day, and it will cost for everj- perch 
of stone hauled ten miles, seven dollars and fifty cents, allowing twenty 
feet in width for the metaled portion of the road, and six inches only 
in depth, and every two and a half running feet of road will require a 
perch of stone — allowing one hundred and fifty dollars for other items, 
8uch as breaking, spreading, quarry-right &c. and every perch of stone 
laid on the 10th mile will cost nine dollars. 



Cost of McAdamizing the 10th 


mile from Lo 


gansport 


fl8,908 


9th 


a 


(( 


18,908 


8th 


u 


(C 


18,908 


7th 


(( 


(( 


12,088 


6th 


« 


i( 


12,088 


5th 


(( 


(( 


12,088 


4th 


(( 


(( 


8,008 


3d 


(C 


(( 


7,117 


2d 


(C 


(( 


6,336 


1st 


(( 


a 


4,752 



f 119,201 

Average per mile $11,920. 

The difference in cost between covering with stone and gravel will 
be the charge for quarrywright and breaking — the spreading also will 
be a smaller charge; taking this at $1 00 per perch, the ten miles 
north of Wildcat will cost .... $95,824 

The five miles south .... 27,182 



123,006 
Average per mile $8,200. 

By using gravel from White river, the road between Indianapolis 

and White river will cost .... 28,113 

Six miles north of White river - . . 52,289 

$80,402 



S43 



RECAPITULATION. 



Cost of McAdamizing 10 miles - - - 119,201 

Cost of gravelling 25 miles • - - 203,408 



Average cost of road covering per mile 35:J miles $9,152. 



322,600 



COST OF WOOD PAVING. 

As regards the material for wood paving not having with me any 
data from which to judge of the cost of preparing the blocks of a hex- 
agonal form, they have accordingly been estimated as square. The 
timber six inches square, which is to be divided into blocks nine inches 
long, will cost 4 cents a running foot. A horse machine tended by a 
boy can saw 1500 of these blocks in a day; cost per day of working 
the machine $2 00; cost of a block when sawn, 3.133 cents; one man 
can lay from live to six hundred of these blocks in a day — his wages 
one dollar, gives 3.29 cents as cost per block when laid. 

On a mile of road with a width of 16 feet for the paving and 2 for 
curbing, there are 337,920 blocks, 

Which at 3.29 cents each, gives - - - $11,107 

Curbing, - 1,100 

Cost per mile of wood paving . - - - $12,207 

It was deemed proper to insert the above estimates for McAdamiz- 
ing and wood paving, without adding them to the cost of road forma- 
tion, under the impression that neither plan was ai present necessary or 
feasible. The wants of the country require a dry road; the plan sug- 
gested on a former page, and upon which the estimates are based, will, 
it is conceived, furnish whatis desired, arfryand durable road. 

In conclusion, allow me to express my satisfaction at the manner in 
which the young gentlemen with me, have discharged their several du- 
ties j the rapidity with which the survey has been executed bears evi- 
dence of their industry. 

The above is respectfully submitted, 

JULIUS W. ADAMS. 

On motion of Mr. Mitchell, 

The resolution pending last evening relative to summoning the edi- 
tors of the Democrat to the bar of the Senate, to answer to a libel on 
members of this body, was taken up from the table and withdrawn, 
and the following preamble and resolution offered in lieu thereof: 

Whereas, mis statements of the speeches delivered on the floor of 
this Senate have been published in the " Indiana Democrat" of the 
26th Dec. 1837, a paper accredited by this Senate as a Legislative 
journal, and subscribed for, and paid by order of this Senate; and 
whereas, it is repugnant to the dignity of this Senate, as a body, and 
disrespectful to the individual members of it, for a journal, endorsed at 



343 

true hy this Senate^ thus to misrepresent their speeches, and vilify their 
character. Therefore, be it 

Resolved^ That hereafter the editorsof the "Indiana Democrat" shall 
publish facts of and concerning the speeches of the members of this 
Senate, or cease to send in their papers, and leave this chamber as re- 
porters: which on motion was laid on the table. 

The following communication was received from the^goverDor, by 
Mr. Maguire, his private secretary: 

Mr. President^ 

The governor has approved and signed an act, entitled. 

An act to incorporate the American Cannel Coal Company. 

A joint memorial of the General Assembly of the^State of Indiana, 
in relation to the harbor of Michigan City, and 

An act to legalize the acts of the Fayette County'Bridge Commis- 
sioners. 

The two former of which originated in the Senate, and the latter 
in the House of Representatives. 

Mr. Ewing, from the joint commitee on enrolled bills, reports, 

Mr. President— 

The joint committee on enrolled bills, report, that they did this day 
present to his Excellency the Governor, for his approval and signa- 
ture, bills of the following titles, to wit: 

No. 25 — an act to incorporate the American Cannel Coal Com- 
pany. 

No. 32 — an act to legalize the acts of the Fayette County Bridge 
Commissioners. — Also, 

No. 6 — A joint memorial of the General Assembly of the State of 
Indiana, in relation to the harbor at Michigan City. 

The following message was received from the House of Represen- 
tatives, by Mr. Elliott, their clerk. 

Mr. President — - 

I am instructed to inform the Senate that the House has adopted 
the following resolution, to wit: 

Resolved, That there be a committee of three appointed on the part 
of this House, to act with a similar committee on the part of the Sen- 
ate, whose duty it shall be to examine the archives of this State for 
the last five years, with power to send for persons and papers. And 
that the Senate be informed of the adoption of this resolution, and a 
similar one on their part requested. 

Messrs. Thompson of Allen, Lane and Bowling are appointed that 
committee on the part of the House, 

On motion of Mr. Colerick, 

The words, " the last five years," were stricken out, and the words 
" until the year 1828," inserted in lieu thereof. 



$44 

The Senate then concurred in the resolution as amended. 

Ordered^ jThat the secretary inform the House of Representative^ 
thereof. 

Ordered^ That the committee on the part of the State be Messrs. 
Bell, Stewart and Cathcart. 

Mr. Thompson of P., otfered the following resolution: 

Resolved^ By the Senate, (the House of Representatives concurring 
therein,) that this Legislature will adjourn on Saturday the 30th inst. 
to meet again on Monday the 22nd day of January next, for the pur- 
pose of affording to the joint committee of this General Assembly, ap- 
pointed to revise the statutes of this State ample time to discharge all 
the duties assigned them, and make report thereof; and that no mem- 
ber of either branch of the Legislature shall be entitled to his per 
diem wages during the recess, except the members of said joint com- 
mittee: the members respectively being entitled to their mileage in 
travelling to their respective counties, and in returning to meet in ses- 
sion again on the 22nd Jan. next. 

Mr. Beard of M. moved to strike'out all after the words "30th inst." 
and insert "sine die." 

A motion to adjourn being made, the ayes and noes were called. 

Those who voted in the affirmative were, 

Messrs. Beard of M., Bell, Bowen, Bradbury, Casey, Chambers, 
Colerick, Crawford, Dunn, Hacket, Little, Mitchell, Morgan of D., 
Stanford, Turman, Thompson of J., Tuley, Walker, Watt of U. and 
Vawter —20. 

Those who voted in the negative were, 

" Messrs. Baird of St. Jos., Brady, Cathcart, Clark, Daily, Dunning 
Elliott, Ewing, Finch, Hoagland, Kennedy, Morgan of R., Sigler, 
Smith, Stewart, Thompson of P.,-Trask and Watts of D.— 18. 

So the Senate adjourned. 



SATURDAY MORNING, Dec. 30th, 1837. 

Senate assembled. 

Mr. Stanford from the committee on Enrolled bills reports: 

Mr. President — 

The joint committee on'enrolled bills now report, that they have 
compared the enrolled with the engrossed bill of the Senate No. 39, 
entitled an act authorizing the sale of certain school lands therein na- 
med, and for other purposes and find the same truly enrolled. 



345 

Mr. Ewing presented a petition from John Rider and others, praying 
the location of a State road leading from Straw Town to Rochester, 
via. Louisburgh — referred to the committee on roads. 

Mr. Cathcart presented a petition from Jesse Morgan and others, 
praying a law authorizing the petitioners to construct a Turnpike road 
from the State road between Bailey Town and (he mouth ofSnlt creek 
to the Stale line in the direction of the town of Chicago, Illinois — re- 
ferred to the committee on Corporations. 

Mr. Kennedy presented a petition from John J. Williams and oth- 
ers, prayinj; the location ofa State road, from CambridgeCily in Wayne 
county, to Huntington on the Wabash and Erie Canal. 

Which was referred to a select committee ofMessrs. Kennedy, Stan- 
ford, anri Bradbury. 

Mr. Trasic presented a petition from J. N. Harlan and others, pray- 
ing the location of the Su-ite road from Huntington, Huntington coun- 
ty, to Cambridge City. 

Which was referred to the same select committee, with the addi- 
tion of Mr. Grant. 

Mr. Finch presented a petition from S. L. Stewart, praying a law 
abolishing imprisonment for debt. 

Which was referred to the Judiciary Committee. 

Mr. Watts of D. presented a petition from Thomas Ewbank and 
others, praying a repeal of a certain act therein named. 

Which was laid on the table. 

Mr. Vawter presented a petition from Elizabeth dimming, praying a 
divorce, which was referred to a select committee composed of Messrs. 
Vawter, Sigler, and Kennedy. 

Mr. Einch presented a petition from Mary Ann Ogden, praying a 
divorce, which was referred to the same select committee with the ad- 
dition of the Senator from Carroll. 

Leave being granted, 

On motion of Mr. Ewing the communication from the State Board 
of Public Works on the Michigan Road, was taken from the table, 
and referred to a select committee composed of Messrs. Ewing, Wal- 
ker, Baird, Finch, and Smith. 

Mr. Beard from the committee on Roads reports: 

Mr. President — 

The committee on roads to whom was referred the petition of H. 
Lassell and other?, praying for a State road from Logansporl to No. 
blesville, have had that subject under their consideration, and directed 
me to report the following bill:* 

A bill No. 45, entitled "a bill to establish a Slate road therein na- 
med," which being read, was on motion of Mr. Ewing, the rules being 
suspended, read a 2d time now. 

Ordered^ That it pass to a 3d reading on Monday. 

The resolution pending last evening relative to ''adjourning from the 
30th inetant to 22d day of January next," was taken up. 
44 



346 

Mr. Beard moved to amend by striking out all after the words 30th 
instant and insert "Sine die" — which was not agreed to. 

And on motion the resolution was laid on the table. 

On motion of Mr. Elliott. 

Resolved, That the Board of Internal Improvement be requested to 
lay before the Senate a report, bow far north of the National Road it is 
practicable to extend the White Water Canai. 

On motion of Mr. Little, 

Resolved, That a select committee be appointed to inquire into the 
expediency of memoralizing Congress on the subject of adopting a 
more efficient mode of working and effecting a speedy completion of 
the Cumberland Road, in the State of Indiana. 

And Messrs. Little, Elliot, Stanford, Bell, Brady, Sigler, and Mof- 
fitt were appointed that committee. 

On motion of Mr. Morgan of D., 

Resolved, That the committee on Education be instructed to inquire 
into the expediency of so amending an act entitled an act to provide 
for distributing the Surplus Revenue, so that agents in each county 
shall loan to each township in proportion to the number of polls in 
each, with leave to report by bill or otherwise. 

On motion of Mr. Clark, 

Resolved, That fifty copies of the report of the Board of Internal 
Improvement ordered to be printed for the use of the Senate, be set 
apart for the use of said board. 

On motion of Mr. Tuley, 

Resolved, That the committee on Education be requested to inquire 
into the expediency of amending the 5th section of the 8th chapter of 
an act, incorporating Congressional townships and providing for pub- 
lic Schools therein, approved Feb. 6th, 1837, so as to authorize the 
School Commissioner to sell any unsold land, when it shall be certified 
that a majority of the voters present at any township election, shall 
have voted in favor of such sale of school lands, and that said commit- 
tee be requested to inquire into the expediency of repealing the 9th 
chapter of the aforesaid act. 

Mr. Daily offered the following resolution: 

Resolved, That the joint committee of revision be, and they are 
hereby authorized to appoint sub-committees of the members of the 
Senate and House of Representatives, and apportion among such sub- 
committees, separate portions of the law to aid in such compilation 
and revision, and to employ the necessary number of clerks to enable 
them to perform the duties assigned them, at as early a day as possible. 

Resolved further , That the House of Representatives be informed of 
the foregoing resolution, and their concurrence requested, and a simi- 
lar committee on their part appointed. 

On motion of Mr. Stanford, laid on the table. 
On motion of Mr. Dunning, 

Resolved, That the committee on education be instructed to inquire 
into the expediency of reporting a bill allowing a reasonable compen- 
lation to the examiners of school teachers j said compensation to be 



347 

paid by the applicant for examination; and further to inquire into the 
expediency of making compensation to school commissioners for their 
services in paying over the interest arising from that portion of the 
surplus revenue distributed to the several counties for education pur- 
poses. 

Mr. Mitchell offered the following resolution: 

Resolved, That the Board of Fund Commissioners communicate to 
this Senate, with as little delay as may suit their business, the condi- 
tion of the claim upon David Burr, for defalcation as one of the Canal 
Commissioners, and if it is paid, when and how, and if not paid, how is 
it secured, and when it will be paid. 

Mr. Brady presented a bill No. 45, entitled a bill authorizing the 
construction of a bridge over White river on the Michigan road; 

Which being read, on motion of Mr. Brady, the rules were suspend- 
ed and the bill read a 2d time; and. 

On motion of Mr. Ewing, referred to a select committee of Messrs. 
Brady, Ewing and Vawter. 

Mr. Cathcart presented a bill entitled, a bill No. 46, to amend the 
28th section of an act entilled an act relating to state roads, ap- 
proved February 6tb, 1837; 

Which being read, on motion of Mr. Cathcart, the rules were dis- 
pensed with, and it was read a 2d time and referred to the committee 
on roads. 

Mr. Ewing presented a bill No. 37, entitled a bill to incorporate the 
Logansport insurance company; 

Which being read, was, on motion of Mr. Dunning, read a 2d time 
now, and on motion, referred to the committee on corporations. 

Mr. Stewart presented a bill No. 48, entitled a bill to amend an 
act entitled an act concerning enclosures and trespassing animals; 

Which being read, was, on motion of Mr. Stewart, read a 2d time 
and referred to the judiciary committee. 

Mr. Hoagland presented a bill No. 49, entitled a bill to legalize the 
sale of school section of congressional township No. 3, north of range 
No. Beast, in Scott county, 

Which being read, was, on motion of Mr. Stewart, read a 2d time. 

Ordered, To be engrossed and read a 3d time on Monday next. 

Mr. Tuley presented a bill No. 50, entitled a bill explanatory of an 
act entilled an act incorporating the New Albany canal company. 

Which being read, was ordered to a second reading on Monday. 

Mr. Watts of D. presented a bill No. 51, entitled a bill to authorize 
the Treasurer of Dearborn county to pay over certain road tax in his 
bands; 

Which being read, was, on motion of Mr. Watts, read a 2d time. 

Ordered, To be engrossed and passed to a 3d reading on Monday. 

Mr. Watt of U. presented a bill No. 52, entitled a h\h to regulate 
the summoning of jurors in the 5th judicial circuit; 

Which being read, was passed to a 3d reading on Monday. 



848 

The President laid before the Senate a report from the Board of Di- 
rectors of the Bridge Street and Michigan Road; 

Which was referred to the same select committee on the White riv- 
er bridge. 

The President laid before the Senate a report from the State Board 
of Internal Improvement ; 

On motion of Mr. Dunning, referred to a select committee and 200 
copies ordered to be printed. 

Ordered, That Messrs. Dunning, Daily, Tuley, Hackett, Thompson 
of L., Dobson, Sigler and Beard be that committee. 

Office of the State Board of Internal Improvement,) 
Indianapolis, Dec. 29, 1837. J 

To the Senate of Indiana : 

By direction of the State Board of Internal Improvement, I have 
the honor to transmit to the General Assembly, their decision upon the 
character of the Jeffersonville and Crawfordsville Road, declaring it a 
McAdamized Road, accompanied by the report of the Board of Engi- 
neers, upon which the decision of this Board is based. 

Very respectfully, &c. 

D. H. MAXWELL, 

Pres't of the Board. 



Office of State Board Internal Improvement,) 
Indianapolis, Dec. 30, 1837. > 

The committee to whom was referred the report of the Engineers, 
relative to the Jeffersonville and Crawfordsville road, now reported to 
the Board, and recommended the adoption of the following preamble 
and resolutions, viz; 

Whereas, Sylvester Welch of Kentucky, Samuel Forrer of Ohio, 
and Jesse L. Williams of this State, the Engineers to whom was con- 
fided, in virtue of an order of this Board, at their session in September 
last, the examination of the route of the Jeffersonville and Crawfords- 
ville Road, with instructions to compare the relative cost and advanta- 
ges to the State, of a Rail and a McAdamized Road, so that the Board 
might be fully prepared to dispose properly of the conflicting testimo- 
ny before them on that suhject, and establish permanently the charac- 
ter of improvement on said route, have this day submitted their report 
to the Board; and among other important facts, it appears from said 
report, that the cost of a suitable rail road on said route, would he §6,- 
805,959 91, and exceeding that of a McAdamized road nearly $5,000,- 
000; and that such a work as the former, considered in connection with 
the geDeral system of Internal Improvement adopted in this state, is 



349 

not required by the public interest; but on the contrary, the policy of 
it is discarded by any just view of the subject; therefore, 

Resoled, That it is the opinion of this Board, that the JeffersonvilJe 
and Crawfordsvillc Road, authorized and directed by the 6th section of 
the act providing for a general system of Internal Improvement, should 
be a McAdamized Road ; and Iriat henceforth the character of the same 
shall be deemed and designated accordingly. 

Resolverl, That the President of this Board apprize the General As- 
sembly of this decision, by transmitting to them a copy of these pro- 
ceedings, accompanied by the report of the Engineers upon which it 
is based. 

And on the question, shall the preamble and resolutions be adopted? 
it was decided in the affirmative, by the following vote: , 

Ayes — Messrs. Blake, Clendenin, Graham, Lewis, Long, Woodburo 
and Yandes — 7. 

Nay — Mr. Maxwell. 

Absent, Mr, Johnson. 

Copied from the record of the Board, 29th Dec. 1837. 

J. MORRISON, Sec'y. 

To the Honorable, 

the Board of Internal Improvement of Indiana : 

Gentlemen — 

The undersigned, having been organized as a Board of Engineers, 
agreeably to a resolution of the Board of Internal Improvement dated 
Sept. 14, 1837, authorizing the selection of a Board of Engineers '-to 
examine the route of the JelTeisonville and Crawfordsville road, to- 
gether with all the estimates and reports heretofore submitted to this 
Boaru and who shall report to this Board, at the earliest possible day, 
their opinion of the probable cost of constructing a rail road, and also 
a McAdamized road, on said route, together with their views of the 
relative cost and advantages to the country and profits to the state, 
which would probably result from the construction of the two kinds of 
improvement," have now the honor to 

REPORT: 

That in fulfilment of the duties assigned them they have within the 
last two weeks, made a personal examination of that part of the route 
lying between New Albany and the West fork of White river, accom- 
panied by Mr. Faunlleroy,the Resident Engineer on this road, whose 
general intelligence and intimate acquaintance with the route, enabled 
him to furnish much valuable information and many important sugges- 
tions as to the necessary changes on parts of the line. 

Commencing at New Albany, the line pursues the valley of Silver 
creek over a tolerably uniform surface, favorable to the construction 



350 

of a rail road, to Providence, a distance of 19i miles. The next 174 
miles extending to Salem is much more expensive in its character, re- 
quiring in many places, the maximum of grade as well as curvature. 
The first 6 rniles north west of Salem will be cosily, after which the 
route pursues for 20 miles, the table land which divides Ihe waters of 
Lost river from those of the east fork of White river. The character 
of the country from the termination of the last named divis'on to the 
crossing ofSalt creek, embracing a distance of about 13 miles, is such 
as to present greater obstacles to the proper graduation of the road 
than are found on any other portion of the route. From Salt creek to 
the head of Allen's run, a distance of 8 miles, the line is more favorable. 
Following down the valley of this stream, and thence up the valley of 
Clear creek, the route presents difficulties of a very formidable char- 
acter, until we reach Ketcham's mill, a distance of 9 miles, from which 
point to Bloomington, a distance of 7 miles, the graduation of the road 
will be very cheap. In proceeding from Bloomington, the line after 
passing for 4 or 5 miles over a surface very unfavorable to the con- 
striictionof a road, reaches the bottomlands of Bean Blossom creek, 
which it is believed will afJbrd a favorable route thence to a point near 
Mount Tabor, a probable distance of 7 miles. From this point to the 
West fork of White river, a distance of 4 miles, the expense of con- 
structing a rail road will be great if we include the cost of crossing 
that stream. 

The estimates heretofore made and presented to the Board of Inter- 
nal Improvement and submitted to the inspection of the undersigned, 
contemplate a maximum ascending grade towards New Albany of 45 
feet and a descending grade of 50 feet per mile. These grades so 
adopted in the location and surveys made, together with the quantities 
furnished on actual locations, were by the undersigned made the basis 
of a first estimate. Well attested experiments useful and practical, 
however, clearly demonstrate that even the lowest of the maximuui 
grades, should nowhere be admitted in the construction of a rail road, 
except for the sole purpose of avoiding the use of stationary power, on 
planes of greater inclination. 

With these admonitions the undersigned wereparticular in noticing 
the character of the country through which this road is designed to 
pass, with a view to satisfy themselves, as the necessity of adopting 
higher grades than 40 feet per mile, and came to the conclusion that 
there is no such necessity. It is therefore recommended that the grade 
should nowhere on this line exceed 40 feet per mile, and the estimates 
of the probable cost are made with reference to this maximum grade. 

It is proposed to grade the road and build the bridges wide enough 
for a double track, and to lay down a single track with turnouts and 
sideways at intervals of about five miles. At the end of four or five 
years, or before the timber of the first track is decayed, the second 
track should be laid down. 

In the plan recommended for the superstructure, the iron rail is sup- 
posed to weigh 45 lbs. to the yard in length, which is the weight of 
the rail adopted for the Madison and Lafayette rail road. On most of 



351 

the good roads now building in the eastern part of the United States, 
which are intended for a heavy trade, and where heavy locomotivfi 
engines are to be used, iron rails which weigh from 50 to 60 lbs. to the 
yard in length, are generally adopted, and the undersigned would re- 
comnnend the use of such rails for the roads in this slate if the lighter 
one had not already been ordered for the Madison and Lafayette rail 
road. 

The rails are to be laid upon a timber foundation, arranged in the 
following manner: a continuous line of timbers, ten inches square, are 
to be placed in ditches prepared for the purpose, under each line of 
rails. Cross ties six by eight inches square, are to be notched on the 
longitudinal timbers, at intervals of 3 feet, and secured by locust pins. 
The rails, except at the ends, are to be fitted to the top of the cross 
ties, and secured by brad headed spikes. The beds of the rails are to 
be secured by cast iron chairs fitted to the cross ties and fastened with 
spikes. They will be kept in place by an iron key or wedge. The 
top of the longitudinal timbers will be a little below the level of the 
graded surface of the road, and will be covered with earih to the 
depth of three or four inches. No provision is made for a horse path. 
The common flat bar or rail, which is generally about two and a 
quarter inches wide and five-eights of an inch thick, and which weighs 
about 14 lbs. to the yard in length, has been laid upon several of the 
rail roads in Pennsylvania and Maryland, and in some of the other 
States- Where heavy engines have been used, and a large amount of 
freight has been carried over these roads, the rails have been found too 
weak to resist the action of the engines and cars; they bend under the 
weight of the load as the cars pass along, and sink into the wood raila 
that support them. This bending frequently repealed, causes the rails 
to become loose and the ends to turn up, so as to render the passage 
oyer the road at a rapid velocity, dangerous. The rails elongate so 
much that in some cases the ends pass each other. The expense of re- 
pairing this kind of road becomes very great after the two or three 
first years. Where the amount of trade is small and where horses are 
used as motive power, the plate rail may be laid with advantage, but 
upon a rail way where heavy locomotive engines are used, it ought 
not in any case to be adopted. 

The cost of each mile of superstructure for a single track, upon the 
plan recommended, may be estimated as follows, to-wit: 

70.7 tons of rails ^90 per ton $6,363 00 

1 1070 lineal feet of white oak timber 10 by 10 in. at 8 cts. 885 60 
1848 cross ties 8 feet long 6 by 8 in. 33 cts. 646 80 

2000 feet 2 inch plank $25 per M. 50 00 

900 cubic yards excavation 30 cts. 270 GO 

Furnishing pins, laying timbers and rails, and levelling 
and finishing the track ready for use, 1760 lineal yds. 
at 56 cents per yard 985 60 

Chairs, spikes, and wedges for one mile 834 00 

Add for necessary turn outs 300 00 

Total cost $10,335 00 



352 

In presenting an estimate of the probable costof grading the rail road 

the unrersigned feel it due to themselves to state that estimates of 
quantities for grading, masonry, bridging and grubbing, have been fur- 
nished t'rom locations designed to be (iiial on that part of the route only, 
which Mes between New Albany and Salem, a disiance of 36.85 miles; 
and on the remHining portion to CrawforJsville, from a mere experi- 
mental line run in a tiasly manner, with no other dcsiijn, than to form 
the basis of future examinations with a view to n finul location, after 
making numerous experiments. With such data, and the short time 
employed in reviewing such parts of the line as was deemed mostim- 
porlanl to the investigation of the subject, it will readily be inferred 
that the undersigned must feel much delicacy in coming to a conclu- 
sion, which they have for its object the adjustment of a question of so 
much importance, as ssems to be involved in the reference of this sub- 
ject to them. 

That portion of the road extending from New Albany lo Salem, a 
distance of 36.86 miles appears to have been estimated by Mr. Pettit 
at §1 8,1 84 per mile, exclusive of the track and without any allowance 
for contingencies and superintendence. The undersigned are of opin- 
ion that some improvements may be made in the location and pi ms, 
from which this estimate was made, by which the quantities of exca- 
vation and embankment may be diminished. This saving may, howe- 
ever, be balanced by the increase in the quantities at other points, 
caused by a reduction of (he grades, which would no doubt be deemed 
judicious on parts of the line, in the final location of the work. The 
prices at which Mr. Pettit's estimate has been made, are generally 
higher than the undersigned have usually allowed for similar work. 
Adopting his compulal'on of quantities, and attaching thereto such pri- 
ces as appear reasonable, the cost of grading and bridging on this di- 
vision of the road will nverage ,Sl7,588 70 per mile, including an ad- 
dition of 10 per cent, for contingpnries and superintendence. 

Between Salem and the head of Brush creek, near the north line of 
Owen county, a distance of 87 miles, the surveys which have been 
submitted to us, though of much service in determing the grades, do 
n^^t afford data from which an accurate measurement of quantities can 
be made. From all the information that can be collected, it is suppo- 
sed that this portion of the line will be more costly, in proportion to its 
length, than that between New Albany and Salem. Admitting that 
the average cost of grading and bridging, on this division, be 13 per 
cent, greater than the line south of Salem, it will amount to $20,226 
per mile. 

As the undersigned have not found time to make a personal exami- 
nation of that portion of the route extending from the head of Brush 
creek lo Crawfordsville, they have before them no other information 
than is furnished by the survey recently made of this part of the line 
by the resident Engineer. 

From the report of that survey it appears that this division of line 
is 49.84 miles in length, and has been estimated at an average per mile 
of $9,339, for the graduation and bridging without any addition for 



95S 

Mperintendence or contingencies!. From an examination of im* eitU 
m^te, tngf ther with the prnfil^ of »hp ground, we have thought it ne- 
cPs-Hiy to iiicrensp the HvcrHtjp to ft 1 2,000 per mile, chiefly on account 
of the proposed reduciion of {grades. 

Estimating from the data here ip.aiimed, for the several portions of 
road, ihe cost may be s«.'it«'d as follows, to wit: 

From New Alhaiiy to S il^m $648,144 00 

Thence to head of Brush cieek, near the north 

line of Owen county 1,759.G62 00 

Thence to Crawfordsville 5U8,G83 00 



Total cost of graduation, &c. $3,005,886 00 

Add cost of single track with Ihe npcessary 

turnouts, 173.69 mil^-s, at §10,335 per mile 1,795,086 15 

Add for depots, m^fhine shops, and water stations 75.000 00 
Add JO per cent, on two last items for contingencies 187,008 61 

Total cost with single track laid §5,063,980 76 

Add also to the cost of the second track at 

$10,035 per mile 1,742,979 15 



Total $6,805,959 91 

Average cost per mile of graduation $17,306 04 

Average cost per mile wiih single track 129,149 52 

Average co&t per mile with double track 39,184 52 



The country between New Albany and Crawfordsville, so far as it 
was examined, is similar in many respects to »hnt over which the Phi- 
ladelphia and Columbia rail road in Pennsylvania is mnde. The mute 
of the road in boih cases crosses the valleys of all the streams which 
drain the country. The general surface of the ground along bo'h 
lines is undulating and deep cuts, and hifjh embankments are required 
to preserve ihe level o» (he roadway. The biidtjes on the Philadel- 
phia and Columbia rail road cost something more than the bridgei 
would cost on ihe Jetfersonville and Crawfordsville road, but the grad- 
ing of the Utter, it is believed, wouM be more expensive than thnt of 
the former. The Philadelphia and Columbia road has a double track 
with rails weighing from 41 to 42 p'unds to the y.ird in lens;ih. The 
cost of Ihe road inclufliig depots, muhine shops, and all other expen> 
ses was a little more than $13,000 per mile. 

On a railway intended for a general tr»deand where the amount of 
tonnage wouH vary considera*dy, «» would he the c^se on the Jeffer* 
sonville «tid Crawfordsville road, the cosi of motive power, per ton per 
mile would be about 1.75 cent*, where the maximum grade were 40 
f««t to the mile. The expense of cars, loading and unloading, oil coo- 



^54 

ductors, &c. would be about 1.5 cents per ton per mile. This would 
give for the cost of transportation, exclusive of toils and profits, 3.25 
cents per Ion per mile. 

The tolls chaiged upon the Pennsylvania railways, are different upon 
different arlitles. On most kirids of agric ulnjral produce the toll is 
8 mills per thousand pounds per mile; on gioceiies and hardware, 16 
mills per thousand lbs.; on iron, nail-, &<„ 14 mills per thou-aiid lbs.; 
on liglu arliclesof merchandize, '20 mills per thousand lb>;.; on lumber, 
bricks, &,c. 7 mills per thousand lbs.; on mineral coal, cl'«y, sand, gra- 
vel. &c , 3 mills per thousand lbs. per mile. When the quantities of 
each article conveyed upon the road are considered, the tolls will 
average a little more than two cents per ton^er mile. 

On railways made and managed by companies, a separate charge is 
not made for tolls. The charge for transportation includes all ex- 
penses. When the road is owned by the Slate, or where toll is charg- 
ed separately from other expenses, the amount charged under this 
head, should be at least equal to the interest on the cost of the road 
and the current expenses of repairs. On tlie Pennp}lvania railways 
(owned by the Commonwealth,) the annual interest and the cost of 
repairs thus far, have considerably exceeded the amount received an- 
nually for tolls. 

If the toll on passengers is put down at one cent per mile, for each 
passenger, and the toll on freight at 2.5 cents per ton per mile, it will 
not vary materially from the tolls charjied on the Pennsylvania rail- 
ways. This will give for the cost of transportation includii'ig toll 5.75 
cents per ton per mile without any allowance for profit. 

The estimated cost of the road graded (or a double track, with a 
single track with turnouts laid down, $29,149 52 per mile. The in- 
terest on this sum at 5 per cent, per annum paid semi annually, would 
be $1,475 C8. 

If we suppose the timber part of the railway to be renewed every 
seven years, and the expense of renewing to be the same as the cost 
of the timber and'labor required to lay it down at first, viz: $2,838, to 
which add one didlar for renewing turnouts, making .'J(2,938, we shall 
require an annual sum of .$360 85 for seven years to be invested at the 
end of each year, so as to improve at compound interest at the rate of 
5 per cent, per annu e, to produce this sum. 

The expense of the annual repairs, other than the renewal of the 
timber work, will depend in some measure upon the amount of trade 
and travel. This expense will increase with the trade, but not in so 
great a ratio. If we assume for the purposes of calculation as the 
average business for the next fifteen years, 40,000 tons per annum as 
the amount of transportation, and 75 passengers per day as the amount 
of travel, we may take ihe average cost of tiiich repairs at 250 dollars 
per annum. This sum add^d to the $360 85, allowance for the re- 
newal of the wood-work, makes ^'ClO 85, as the annual cost of repair- 
ing the road, exclusive of depots, water stations, &c., which should be 
clmrged to the motive power. 

Tbii would give for the annual cost of the road including interest 



S55 

on capital invested, allowance for renewal of (innber-work and repairs, 
and not including (he wear of iron rails, ^2,083 53 per nnile. The 
cost of 1 icnrnotive engines, &c. would be charged in the account of 
motive power. 

If 40,0U0 Ions of freight in a year, and 75 passengers per day, or 
27,375 in a year as assunned abiwe, be taken as the average amount 
of trade and travel, and the tolls charged average 2.5 cents per ton, 
per mile, on freiglu, and one cent per mile on passengers, the receipts 
for each mile would be f )r passengers, $273 75, and for freight $1000, 
making $1,273 75, leaving a balance against the road, of $S12 78 for 
each mile, which would be equal to the tolls on 32,511 tons of freight; 
this added to the above gives 72,511 tons of freight, 27,375 passengers 
as the amount of trade and travel required to pay the current expen- 
ses of (he road and the interest on its cost. Or if allowance be made 
for additional cost of repairs with the greater trade, the freight would 
equal about 75,000 tons. 

The second track, which should be laid down before the timber of 
the first decays, is estimated to cost $10,035 per mile, the annual in- 
terest upon this amount payable as above, would be $508, to which 
add for renewing the wood work $360 85, (ibe sum allowed for the 
first track) gives $868 85 as the annual expense of (he second track. 
To meet this expense would require an addition to the freight of 34,- 
754 tons, or if allowance he made for the incr' ased expense of repairs 
about 37,000 tons per annum. This gives 1 12,000 tons of freight, and 
27,375 passengers annually as the amoun( of trade and travel required 
to pay the current expenses of the road, finished with a double track. 

The undersigned believe that they should not perform their duty to 
the State, if they did not express their conviction that in the event of 
the construction of a rail road its efficiency and general utility might 
be increased, were the Board of Internal Improvement in the final lo- 
cation, at liberty to make slight variations from some of the points nam- 
ed in the law. The town of Salem is situated about a mile north east 
of the route plainly indicated by the direction of the valleys as the pro- 
per location for the rail road. To pass through this place, will not on- 
ly require much objectionable curvature and higher grades, but will 
increase the length of the road, as much as 1^ miles in the distance of 
3 miles. 

A still greater inconvenience to the public will result, if the rail road 
be required to p^ss through the town of Bedford, This place is situ- 
ated on an elevated ridge, between the East Fork of White river and 
Salt creek, ab-mt three miles from either stream, aiid nearly 200 feet 
above their valleys where the line crosses them. If the road be con- 
structed as required by (he law, the whole country north of this point 
will be subjected to the inconvenience and extra expense of transport- 
ing its trade through all time to come, by a very steep grade, over tbif 
elevation. It is evident that the efficiency of the road would be great- 
ly enhanced, and the cost of transportation of course diminished, by a 
change of the route, so as to cross White river near the mouth of Salt 
creek, and passing thence up the valley of that stream to the point 



S5C 

where the prcBcntline cro'ses it, with grades of moderate inclinatioB, 
Thn points which would thus be left off the main line, might be accom- 
modiiled hy branch roads. 

The devirilioiip here suggested, will be better understood by refer- 
ence to the accompanying maps. 

In makiny an csiimate of the proba^'le cost of a McAdamized road 
through the same points designed to be accommodated by the rail road, 
the undersigned have been compelled to rt-l) upon data not less vague 
and unsatis'actory than those adopted for the estimates of the cost of 
the rail road, so lar as surveys and es-timates heretofoie m^ide are con- 
cerned. It is however, pr^ perto remaik that access has been had to 
the cost of a number of iMcAHamiz d roads already constructed, (See 
Staterffent A.) srme of ivhich pass through districts of country suffi- 
ciently analayous to the one now considered, in their adaptation to this 
kind of improvement, which afftrdetl much aid in forming an opinion 
as to the probable cost of the McAdamized road on this route. 

By reference to » ffi( ial documents in relation to the internal im- 
provements of the State, ii appears that a survey and estimate of a road 
from New Albany to Crawfordsville, graded to 3i degrees as the max- 
imum, was made in 1835, by Edward Watts, in whose report, the 
length of the road is stated at 158 miles, and the average cost of grad- 
ing and bridging at $3,978 per mile. The undeisigned would not re- 
commend the construction of a turnpike rond en this route with a max- 
imum grade exceeding 2 degrees. To obtain this grade, on the hilly 
portions of the line, it will be necessary to increase the length of the 
road, pro bablj' to ICO miles. This estimate of cost as stated above, 
may have been high enough at the time it was presented, yet as labor 
and provisions have advanced in value, some addition should be made 
to that estimate. From an examination of the detail of the estimate 
and a comparison with the actual cost of other roads, it is believed that 
•4,700 may be assumed as the average cost per mile of the grading 
and bridging. 

The plan of the McAdamized road as adopted for the bases of the 
estimate presented, contemplates a maximum grade of 2 degrees, and 
a stone covering of 20 feet wide and one fool in depth in the centre and 
diminished at the edges, to be laid on in two layers, — one seven inches 
thick, of stone, weighing not mere than eight ounces, and the other or 
top layer of 5 inches thick and of stone weighing not more than 5 
ounces. 

In esilmatipg the cost of the stone cover, it is assumed that the 
whole quantity of stone required for r>'cAdamizing the first 25 miles 
nearest the liver. (if the road pass by way of Providence,) must be haul- 
ed an average distance of 2 miles, that tor the next 115 miles the stone 
will be had on and near the line of the road, and taken partly (mm the 
excavation. On the remaining 20 miles, it is believed (hat no lime- 
stone can be had near the line of the road. Sand stone may, however, 
as we are informed, be obtained at an average distance of 2 miles, and 
jt is therefore proposed to substitute laadstoue in place of limestooe for 



357 

the lower 7 inches, and to fini«h off* with a five inch layer of limestone, 
which will hnve to b^* h-iiiled an average distance of 10 mile;!. 

From thednta here given, the cost of the stone coveriitg on the first 
25 miles from New Alb;tny, has been e-timated at $8,320 p"r mile; 
the next 115 miles. emf>racing the limestone r- gion at .'$•4,160 per mile, 
and the remaining 2J mih's next (o Crawfordsville, at §10,211 per mile. 
The probable co*t of a RJcAdamized road, according to this estimate, 
may be stated as follows, to wit: 

Grading and bridging 160 miles nt $1,700 per mile $752,000 

Stone covering ot> the first 25 miles from New Albany 

S'8,320 per mile 208,000 

Stone covering on ihe next 115 miles at $4,160 per mile 478,400 

Covering on twenty miles next to Crawfordsville at 

$10,211 per mile' 204,220 

$1,642,620 
Add ten per cent, for contingencies and superintendence 164,262 

Total cost from New Albany to Crawfordsville $1,806,882 

Should a McAdamized road be made, a saving in expense of about 
two hundred thousand dollars may be effected by adopting a route dif- 
ferent from that upon which this estimate is predicated, intersecting 
the Vincennes road at Greenville. By this location, the length of road 
to be constructed^ would be reduced about twelve miles, and the whole 
of the southern portion of the route, be placed upon the limestone dis- 
trict. 

In respect to the cost of repairing the M'Adamized road it may be 
safe to assume the wearing of the metal, with the greatest amount of 
travel that can be expected on this route at half an inch in depth an- 
nually in addition to common repairs, being equal to the entire renew- 
al of the upper covering of 5 inches once in lO years, the average 
cost of which will be about $-2,550. 

This sum paid once in 10 years will be equal to the invest- 
ment annually at 6 percent, compound interest of $202 83 
To which add for ordinary repairs and superintendence 100 00 
For collection of tolls 15 00 



Total annual cost of repairs, &c. per mile $317 83 

Annual interest on cost of road per mile, paid semi annu- 
ally at 5 per cent. 571 70 

Annual cost of road per mile $889 53 

The cost of transportation upon a M'Adamized road is affected to a 
considerable ext»*nt by the greater or less inclination of the hills or 
steep grades. On a level ruad the power required to draw a^load, 
when the weight of the wagon and load is one ton, and the rate of 
travelling is from two and a half to four miles an hour, is equal to a- 
Wot eae thirty-fiflb part of iti wei^t. When th« rt»d ii dry uA 



358 

smooth the resistance increases nearly in the same ratio as the load> 
but when the roatl is wet and not in good order, the resistance increas- 
es in a greater ratio than the load. 

A hroad tired wag >» sirong enough (o cfirry four tons, will Wfieh 
about 3000 lb?.; ihi^ a(k)-d to the load, viz: 8000 Ihs. will nr.?.ke 11,000 
lh«. a" the weignt of the WHgon and load; 11,000 divided by 35 gives 
314.3 Ib.-^. as the resistance od a level when the road is dry and in good 
order, lithe wagon is drawn by 4 hordes thedraughi orpower to he ex- 
ertf^d by each horse, will be 78i lbs. or about two thirds of the rffi-ctive 
povver of a horse when travelling at the rale of two and a half or 
three miles an hour. When the road is wet and not in good order, the 
resistance of the road will be greater, and a greater effort of the horse 
would be required to move it forward. 

In ascending a hill, when the inclination is two degrees, (he power 
required to overcome the gravity of the load, is equal to 1-28.65 part 
of its weight. With a load of 11,000 lbs. the resistance of gravity 
would be 384 lbs. nearly. This added to 314.3 lbs. the resistance of 
friction on a level gives 698.3 pounds as the resistance of the load or 
power required to draw it up the hil'; C93.3 lbs. divided by 4, gives 
Jt4.6 lbs. as the effoitto be exerted by each horse. When the road is 
in bad order the resistance may be increased by the additional friction 
to 200 lbs. foreacl) horse, which is the greatest effort that a common 
horse should be required to exert, even for a short time. 

Assuming one ton of 2000 lbs. as the load for one horse on a well 
made road, where the maximum grades do not exceed two degrees, 
and 21 miles per day as the average distance over which he will travel, 
the performance of 4 horses %vould be four tons multiplied by 21 miles, 
equal to 84 tons drawn one mile. The average cost of wagon, dri- 
ver and four horses, would be about five dollars per day, including all 
expenses; $5 00 divided by 84 equals 5.95 cents, or nearly 6 cents 
per ton per mile. Add for loading, unloading, and loss of time, 25 per 
cent, equal H cents; and for tolls at the rate of li cents per ton per 
mile equal U cents, gives for the cost of transportation, including all 
expenses 9 cents per ton per mile, when the wagon has a full load in 
both directions. 

If the wagon be loaded in but one direction the rate of traveling may 
be increased to 25 miles per day, wh le returning without a load, and 
^5 00 divided by 25 gives 20 cents per mile as the eicpense of the emp- 
ty wagon, exclusive of tolls and loss of time. If the tolls remain the 
same, viz: 6 cents per mile (equal H cents per ton for the loaded wagon,) 
and an allowance of 10 percent, for loss of time is made, the whole 
expense will=20X 2X G=28 cents, which divided by 4 gives 7 cents 
to be added to the cost of each ton carried in the opposite direction. 
This gives for the cost of transportation when the wagon is loaded only 
in one direction, 16 cents pertoo per mile. This may be taken as the 
maximum cost. 

If one half the return of wagons are loaded, which will probably 
correspond nearly with the results of actual business, the average cost 
of transportation would be ll.l-3centa per ton per mile. 



35d 

The average price paid for transportation of merchandize, produce, 
&c., on the road from 'ViRysville (o Lexington, in Kentucky, a distanre 
of 64 mil' p, upon a JVrAdamized road, with maximum grades of two 
degrf^es on 60 mile?, and higher grades on the 4 miles at theMrOSville 
end, is as follows, to wit: 

From Maysville to Lexington, 

For dry goods |)12 50 per ton for sixty-four miles equal to 19.5 cents 
per mile. 

For iron, nails, salt and groceries $10 00 per ton equal to 15.6 cts. 
per ion per mile. 

From Lexington to Maysville. 

For bulky articles $7 50 per ton or 1 1.7 cents per mile. 

For bail, rope, bagging, and other heavy articles, $5 per ton or 7.8 
cent* per ton per mile. 

The lonnagp made up of heavy articles, g^irig in the direction of 
Majsville, greatly exceeds thai which i* composed of light and bulky 
packages. From Maysville t(^ Lexington the aggregate weight of (he 
liglit freight, such as dry good?, &c. probably exceeds that of the hea- 
vy freight, but the ditTerence is supposed lo be not very great. 1/ the 
weight of the heavy and 1 ght freight, he assumed to be equal in both 
directions (whi< h is not ihe fact wiih regard to that from Lexington to 
Maysville) the average cost of lran*poriaiion will be, from Lexington 
to Maysville 91 cent? per ton per mile, and from Maysville to Lexing- 
ton, 17i cents per Ion per mile. 

On a turnpike road from New Albany to Crawfordsville, the great- 
est amount of tonnage would probably pass in the direction of New 
Albany. It would consist mo-tly of agiicultural produce, and would 
correspond with the heavy aiticles, can ied on the M-iysville road. The 
freight carried from New Albany toward? Craw^ord^^ille. will, so far 
as regard? the relative quantities of litihl and heavy ariicles, corres- 
pond very nearly with tiiat carried from Maysville to Lf xii gton. — 
When Ihe character of Ihe trade is co sidered and compared wi'h 
that on the Maysville and Lexington road, it appears tliat the average 
cost of transpurtation, allowing the same prices that are paid there, 
will be between 1 2 and 1 3 cents per ton per mile, or a little more than 
twice as much hs the cost upon a rail road, with grades of 40 feet to 
the mile. 

The expense of transporting passengers upon a turnpike road, if we 
take the prices paid for stage fare in the eastern and middle states as a 
gui e, appears to be about twice as much as the charge for conveying 
them upon a rail road. 

On a well constructed turnpike road, such as is provided for in these 
estimates, pa-sengers may be conveyed at an average rate of eight 
miles per hour, which is about half the speed usually maintained on 
rail roads. 

With regard to the ulWity of the two kinds of improvement each 



900 

has advantages which may be realized in particular situations. PbMi 
cnmmunicafi"n between larye cities, where there is a greater amount 
of travel, a lailvvay is prefer «hle to nuy other chaniitl ot convt-yai-f e. 
Lif^ht and VHlunble nrierchHudize cnn be rnrricd upon a railway wiih 
more advanlage to the merchant, than upon a canal or oiher water 
commuitication, as the f=aving of time will more than compensate for 
the addi'ional charge for traiisportaiioi>. A railway maybe adopted 
with advantage between two distant poirit?, where a water cpmmiinica- 
tion raimot he made, and where a very laige trade is lo he accumrno- 
dated. When the amount of tonnage 19 not variable, as in the case of 
conveying roal from the mines to market, a great amount of tonnage 
may be carried over a single track. But when the tonnage is variable 
and irregular, and w hen the freight is received arid deliverer! ai dttfer- 
ent points, the use of a single Irac k is very inconvenient, and produces 
great delay even wiih a small amount of trade. On a single track 
railway passengers must travel, generally al the same rale as the hea- 
vy cars, particularly if the iiumber of heavy cars is very large. When 
a railway is made level, or with a small hut uniform descent in the di- 
rection of the heavy trade, the expense of motive power becomes very 
small and would probably not exceed half a cent per ton per mile, but 
the other expenses would be nearly the same as upon an undulating rail- 
way, with grades of from 20 (o 30 feet per mile. 

A railway cannot be used as a public highway. Its trade most be 
regulated by one pers )n, or one controlling power. As a highway, 
it is of no advantage to the farmer or citiz-n, except to carry hisp re- 
duce or merchandizfi from the several places of deposite, along the 
road, to market, or to convey him as a passenger from one slopping 
place to another, and these stopping places would or.ly occur al inter- 
vals of from ten to fifteen miles. Aiurnpike road or a good common 
road, to pass near to and in the same direction as the railway, would 
in all cases be necessary for ihe convergence of the common travel and 
for the conveyance of freight to and from the places of deposite along 
the rail road. 

A McAamized road, when the tolls are properly regulated, answers 
all the purposes o( a road for comrrion intercourse between the differ* 
ent sections of the country through which it parses. I« is also adapted 
to the transportation of heavy freight, and of passengers in stage coach- 
es. The costof conve}ing freight and passengers upon aiurnpike road^ 
appears to be a little more than one hundred per cent, greater than 
upon a rail road, used for ihe accommodation of a general trade and 
where the maximum grades are 40 feet to the mile. Where the 
amount of freight, &c. would be nearly the same at all times, the differ-' 
ence would he m<ich greater in favor of rhe rail r< adi 

The cost of the railway from New Albany loCraw forc'sville, fini-h* 
ed with a double track, which is deemed inili-|)ensably necessary for 
the accommodation of a trade of evn 40,000 tons, and of tlie pas>!en- 
ger travel, is estimated at $6,806,959 91. The cost of the McAdam- 
ized road between the same points is estimated at $ 1 ,806,882 00, or the 
coat of the turnpike road wh«n compared with the rail road is ai 1 t» 
3.8 nearly. 



301 

The anaual interest at 5 per cent, per aunum paid semi- 
annually in the estimated cost of the rail road is $344,651 72 
The interest on the cost of the turnpike road is 91.473 40 

Making a difference in favor of the turnpike road of ^253,078 32 

The annual expense of the renewal of timber and of ordinary re- 
pciirsupon the rail road with a double track, when compared with the 
renewal of the stone covering and ordinary repairs of the turnpike 
road will be nearly in the proportion of 3i to 1, in favor of the tura- 
pike road. 

The resolution of the Board of Internal Improvement seems to con- 
template the expression of an opinion by the undersigned, as to the 
relative advantages to the country and profits to the state which 
would probably result from the construction of the two kinds of im- 
provement. 

To meet the wishes of the Board on this branch of the duties assiga- 
ed to us, would require a more intimate knowledge of the resources and 
condition of the district of country designed to be benefitted by these 
improvements than can be supposed to be in our possession. 

To make even an approximate estimate of the amount of transpor- 
tation, either upon a rail road or a McAdamized road on this route, it 
is important to determine with some degree of accuracy, the present, 
progressive and remote capabilities of a given district of country in the 
vicinity of the improvement to supply business. It is also peculiarly 
important in the present instance, to understand and regard well the 
local position of this route for a road in order to compare the relative 
advantages of the two plans of improvement. For it is not sufficient to 
assume a given amount of business for either plan of road with a view 
to a correct comparison ; as it is evident that a low estimate of tonnage 
would present a result unfavorable to the more expensive mode of im- 
provement, and too high an estimate would exhibit the comparison inan 
unfavorable light to the cheaper made. In considering the subject, it 
is necessary to keep in mind the whole system of improvement adopt- 
ed by the state, and the influence that each respectively will have on 
the business of the others. On an inspection of a map of the state, 
with the several lines of roads and canals authorized by law, laid down 
upon it, we find a rail road line running from Crawfordsville by Indi- 
anapolis to Madison, on the Ohio river on the east, and the Wabash 
and' Erie canal on the west, both nearly parallel to, and at no great 
distance from the Albany and Crawfordsville route; while still anoth- 
er, the Central canal, bisects the line of the road about 60 miles south 
of its northern termination. These several improvements when ntiade 
will divide the business in a large district of country, so as to diminish 
much the amount which would be done on either. Were we consid- 
ering the relative value of a rail road, and McAdamized road, to be 
constructed on this route, as the sole means of transportation for the 
entire district of country now reUed on for the support of the several 
improvements, there could be do hesitation in giving the most decided 
46 



362 

preference to the rail road even with the high grades and short curva^ 
tures, which this road must necessarily have, and which would great- 
ly impair its efficiency. But as the channels of communication now in 
progress will divide the business, so as to accommodate the several sec- 
tions of the state, and will be fully sufficient for the conveyance of the 
trade of any district merely agricultural, of the extent of the one now 
under consideration, however highly improved, the addition of anoth- 
er, the cost of which would be as great as that of a rail road from New 
Albany to Crawfordsville, could not be regarded as a judicious invest- 
ment of capital, or as necessary for the commerce and trade of the 
country. A turnpike road on this route would probably not, under 
any circumstances, pay the interest on its cost and pay the current ex- 
penses of repairs, but as it is a cheaper work and will be fully adequate 
to the present wants of the country, the undersigned are of opinion 
that it would be a more judicious improvement than a rail road. 
All which is respectfully submitted. 

SYLVESTER WELCH,) 
SAMUEL FORRER, > Civil Eng'rs. 
J. L. WILLIAMS, S 

Indianapous, Dec. 26, 1837. 



363 



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364 



Office of the State Board of Internal Improvement,) 
Indianapolis, Dec. 30, 1837. \ 

To the Hon, the Senate of Indiana : 

In answer to a call, by resolution of your honorably body of the 14th 
inst. the State Board of Internal Improvenrient has the honor herewith 
to transmit "the reports of the several Engineers who have surveyed 
4he route of the New Albany and Crawfordsville Road, for the purpose 
of determining the character of the road."' 

The first is Mr. Fauntleroy's report, marked A, the second Mr. Pet- 
tit's marked B, and the 3d a recent one by Mr. Fauntleroy, of that part 
between Brush creek and Crawfordsville, marked C. 

The action of the Board on these reports has been reported to the 
General Assembly in the annual report of the Board, and the one made 
this morning, based upon tlie report of Messrs. Welch, Ferrer and 
Williams. 

Respectfully, 

D. H. MAXWELL, 

Pres'tof the Board. 

To the Board of Internal Improvement 

of the State of Indiana: 

■Gentlemen — 

In compliance with your request, made in fulfilment of an act of the 
last General Assembly of the State of Indiana, I have proceeded to 
make surveys and estimates relative to (he construction of a rail road, 
from Jeflfersonville, via New Albany, Salem, Bedford, Bloomington 
and Greencastle, to Crawfordsville, and would respectfully submit the 
following 

REPORT. 

For the convenience of reference, I have divided the route into six 
divisions, and those divisions which have been surveyed, into sections 
of one mile each; each section being numbered with the distance in 
miles, from the beginning of the respective divisions, as well as :1be 
whole distance from Providence. 

The 1st Division extends from Jeflfersonville to Providence. 
2d Division " Providence to Salem 

3d Division " Salem to Bedford 

4th Division » Bedford to Bloomington 

5th Division « Bloomington to Greencastle 

6th Division " Greencastle to Crawfordsville 



365 

Owing to the late period at which this survey was undertaken, it 
was thought prudent to commence operations in the neighborhood of 
the first important difficulty ; leaving that part of the route unsurveyed, 
where no doubt could rest as to its practicability. Accordingly, the 
survey was commenced at Providence, in the valley of the Muddy fork 
of Silver creek. 

FIRST DIVISION. 

The First Division, from Jeffersonville to Providence, is about 25 miles 

in length. 

Commencing at Jeffersonville, it passes over an alluvial bottom 
land, in direction parallel to the Ohio river, to New Albany: crossing 
Mill Run and Silver creek on the way. From Albany, the route pur- 
sues the valley of Silver creek, to the mouth of the Muddy fork; thence 
up the latter stream to Providence. 

The whole of this route is very favorable to the construction of a 
railway, as may be seen by reference to R. Coyle's report on the Co- 
lumbus and Jeffersonville rail road, presented to the legislature by 
Howard Stansbury, U. S. A. C. E. 

In this report, it will be seen, that, both Mill run and Silver creek 
were crossed within a few miles of Jeffersonville; thus meeting much 
the same obstructions which arc encountered by the way of Albany. 

By reference to the above report, it will be found, that the last di- 
vision, extending from the summit of the ridge, dividing the waters of 
the Muskakatack from those of Silver creek, to Jeffersonville, is up- 
wards of 26 miles in length, and the average cost per mile of gradua- 
tion and masonry is stated at $4,335 12. Assuming the above amount 
as the probable cost per mile, from Jeffersonville to Providience, the 
cost of the whole division, for graduation, masonry, and bridging, will 
be $108,878 00. 

As it regards the grades upon this division, there can be no difficul- 
ty since the elevation of Providence above Albany does not exceed 120 
feet. For further particulars, I refer you to the above report. 

SECOND DIVISION. 

From Providence to the West hank of Blue river, at Salem. 

This division is 18 miles in length, and passes over a very rugged 
country, cut by many streams, flowing at right angles to the direction 
of the route. 

Commencing at Providence, the route pursues the valley of the Mud- 
dy fork of Silver creek, cutting through the points of the ridges, which 
bound the valley of the creek on the north, and reaches the summit of 
the high ridge country, generally styied the knobs, by means of a deep 
cut at the summit. The route then descends to the valley of the east 
fork of Blue river — crosses the river, and pursuing a course for about 



366 

half a mile, across a low flat ridge, dividing Blue river frorri Evan's 
branch, it ascends the valley of the latter stream, to the summit of the - 
main ridge, dividing the east and middle forks of Blue river. This 
ridge is high, and will require a deep cut across its summit, in which 
limestone will be encountered, and possibly to a greater extent than is 
contemplated in the adjoined estimates. From the summit of the ridge 
the line gradually approaches the middle fork of Blue river in direc- 
tion down the stream; cutting across the spurs of ridges which bound 
the river on the south east side. In this manner a descent is effected 
to the crossing of the river, at the expense of several deep cuts and 
heavy embankments. 

After crossing the middle fork of Blue river, the line follows down 
the valley, on the north west side of the stream, to its junction with 
the west or Salem fork. The junction of these rivers is remarkably 
favorable to the direction of the road, since they meet each other near- 
ly in a straight line, and, after their junction, flow off at right angles to 
the course of either stream. From this point the line follows the val- 
ley of the west fork of the river to Salem, and crosses the river at the 
southern boundary of the town. 

No curvature will be necessary in this division of a less radius than 
1,000 feet. 

T he grades upon this division exceed 45 feet per mile on four parts 
ofthe line, viz: The elevation of the knobs is overcome with a grade 
of 59 1-2 feet, for 2.16 miles — the descent from the knobs to the East 
fork of Blue river is effected with a grade of 52 1-2 feet per mile, for 
0.681 miles — the ascent to the summit ofthe ridge, between the mid- 
dle forks of Blue river, is at the rate of 59 1-2 feet per mile, for 2.35 
miles, and the descent to the middle fork of Blue river is effected with 
a grade of 59 1-2 feet per mile, for 2.61 miles. 

It is proper to remark, that this division admits of grades through- 
out, not to exceed 45 feet per mile: that is to say, the length of each 
grade, exceeding 45 feet, may be increased, if upon further examina- 
tion, it should be found, that the advantage of so doing would more 
than counterbalance the expense. 

The route surveyed is the only one which 1 was able to discover in 
time for the party, but from subsequent information derived from the 
citizens, in the neighborhood of the line, it is possible that a more di- 
rect route from the knobs to the junction of Blue rivers can be found. 
A judicious change may also be made on approaching the town of Sa- 
lem ; that is, about two miles below Salem, the route could take the val- 
ley of a small tributary of Blue river, one ofthe branches of which heads 
near the town. By following the valley of this branch some distance 
would be saved, and a less degree of curvature would be necessary, to 
pass the town. ^ 

The whole cost of this division, for graduation, masonry and bridges, 
amounts to |165,637 95 

Averaging per mile, .... 9,201 99 



367 
THIRD DIVISION. 

From Salem to Bedford, 35 Miles. 

The route, on leaving Salem, descends the river on the west side to 
the mouth of Highland creek, distant 1 1-8 miles: at this point it cross- 
es the latter stream, and ascends its valley for about I miles, to the 
mouth of Sweaney branch; thence it ascends the latter stream to the 
summit of the ridge dividing its waters from those of Mill creek, mak- 
ing the whole distance from the mouth of Highland creek to the sum- 
mit 3.48 miles, through which the line ascends uniformly with a grade 
of 45 feet per mile. From the summit of this ridge the line descends 
with a grade of 45 feet, to one of the forks of ^lill creek, distant 0.34 
miles; thence it ascends with a grade of forty-five feet for one mile to 
the summit of the main ridge dividing Blue river and Lost river oa 
the south from Driftwood fork of White river on the north. The line 
follows this ridge on a direction parallel to the general course of White 
river for about 20 miles, when it pursues a direction towards the river 
for about 5 1-2 miles, making the whole distance from the summit of 
the ridge to the crossing of White river 25 1-2 miles. The country 
between the latter points is very favorable for about 15 miles bemg 
gently undulating and descending moderately towards the crossing of 
the river. For the last 10 1-2 miles the country becomes more and 
more undulating in consequence of the numerous lime sinks, by which 
this portion of the country is drained. This part of the line requires 
the frequent introduction of grades for short distances and descending 
in either direction. The elevation of the highest point crossed on the 
above ridge above the valley of White river is 404 feet. 

This fork of White river is 480 feet wide from bank to bank, and 
the bottom land on either side are together about 990 feet wide, and 
subject to inundation to the average depth of about 10 feet. The es- 
timates for the crossing of this river contemplate a bridge of 480 feet 
in length consisting of 4 spans of 120 feet each, and 1300 feet of truss 
work to connect the bridge with the high ground on either side. This 
bridge is elevated 30 feet above high water for the purpose of allow- 
ing the passage of boats and at the same time securing a grade of 45 
feet to the summit of the bridge at Bedford. 

From the crossing of the river the line follows the valley of Leath- 
erwood, cutting across the points of the ridges which bound the valley 
of the creek on the west for about two miles, when it leaves the creek 
and ascends a small branch which heads about 4 a mile S. W. from 
Bedford. Immediately beyond the head of this branch is a large lime 
sink, into which a small branch discharges which heads near the N. W. 
corner of Bedford, and runs through the S. W. corner of the town: the 
line enters the valley of this branch, by means of a cut and follows it to 
the summit of the ridge; making the whole distance from White river 
3.52 miles through which the line ascends uniformly with a grade of 45 
feet per mile. 

Besides the route surveyed, there are several others worthy of ex- 
amiDation. One of these routes is down the valley of Sugar creek, 



368 

thence down White river to the mouth of Leatherwood. Another 
route passes more directly across the country from the summit of the 
ridge to a point in the route surveyed about 3i miles from the White 
river. Lastly, a route could be had by the vi'ay of Orleans, which is 
situated on the south face of the ridge between Lost river and White 
river. 

From Orleans the route would again cross the ridge and intersect 
the route surveyed before reaching White river. 

The last of those routes is inferior to any of the rest, in point of fa- 
cility of transportation, but has for its recommendation the business 
which an additional point on the line would furnish, and the conse- 
quent advantage which the surrounding country 'would derive. 

The estimates of this division contemplate curvatures of not less 
than 1000 feet radius; as well as grades in no instance exceeding 45 
feet per mile. 

The whole cost of this division for graduation, masonry and bridg- 
ing, amounts to $204,289 84; averaging, per mile, |5,836 85. 

FOURTH DIVISION. 

From Bedford to Bloomington 28 miles. 

From Bedford the line pursues a northwesterly direction, and cut- 
ting through the ridge upon which the town is situated, and which di- 
vides Leatherwood from Spider creek, it crosses the latter stream near- 
ly at right angles; after which it crosses the ridge dividing Spider 
from Salt creek, by means of a deep cut, and enters the valley of a 
small branch which flows in a northwesterly direction ard discharges 
into Salt creek. The line pursues the valley of this branch to Salt 
creek and follows the face of (he bluff which bounds the latter on the 
S. W. side, to a point nearly opposite the mouth of Hart's creek. At 
this point the valley of Salt creek is contracted by bluffs which ap- 
proach the stream on eiTher side, which afford the most eligible point 
for crossing the creek. 

The distance from the summit of the ridge near Bedford to the 
crossing of Salt creek, is 2.84 miles, through which the line descends 
with a grade of 50 feet to the mile. 

After crossing Salt creek the line follows the valley of Hart's creek 
in a N. W. direction to its head. 

After crossing Salt creek the line continues to descend with a grade 
of 50 feet per mile, for 0.57 miles, when it ascends uniformly with a 
grade of 45 feet to the head of the creek distant 3.67 miles. From 
the latter point the line takes a direction nearly north, and continues 
to ascend with grades less than 45 feet for 3.90 miles (with the excep- 
tion of one stage of 3,200 feet in length and rising 45 feet per mile.) 
At the end of this distance the line attains an elevation above the low- 
est point in the valley of Hart's creek, of 234 feet. 

From the latter point the line deflects to thcN. E.and gradually ap- 
proaches Clear creek, cue of the branches of which heads near the 



369 

town of Bloomington, and flowing in a southerly direction, discharges 
into Salt creek 8 or 10 miles above the mouth of Hart's creek. In 
approaching the valley of Clear creek, the line descends with a grade 
of 45 feet for 3.63 miles, crossing several smaller branches on the way. 
At the end of this stage the line continues to descend to a point in the 
valley of Clear creek, through a distance of 0.681 miles, with a grade 
of 24 feet per mile. 

About half a mile in advance of the latter point to the creek makes 
a rapid bend around the point of a rocky bluff, which projects across 
the general course of the creek and causes it to flow for more than half 
a mile to the east, when it again changes its course and flows to the 
west. Immediately opposite the point, where the creek first changes 
its course, is the head of a ravine, which flows in a south-easterly di- 
rection, and forms a narrow isthmus, consisting of limestone rock: the 
line passes directly across this isthmus, making a cut through the rock, 
to which point it descends with a grade of 45 feet for half a mile. Im- 
mediately after pas.*ing this point the line descends with a grade of 45 
feet to the first crossing of Clear creek — distance 0.87 miles. The creek 
is crossed at this point with a bridge of a hundred feet span. One of 
the banks of the creek consists of limestone rock, nearly to the height 
of the bridge, and will with a little work form a substantial abutment. 

From the first crossing of the cieek, the line ascends with a grade 
of 45 feet for 0.42 miles, after which it continues to ascend the creek 
with easy grades for 9.77 miles, to a point not quite a quarterof a mile 
south of the south-east corner of the town of Bloomington. 

To reach the latter point the line crosses Clear creek five times: ia 
addition to which it crosses Jackson's Fork; making in all six bridges, 
four of which are of a hundred feet span — one of seventy-five, and 
one of fitty feet span. Four of these bridges have each one natural 
abutment. 

From the point south of Bloomington, the line ascends with a grade 
of 45 feet to the termination of this division, distant not quite 1 mile. 

This division admits of several changes which will tend lolessen the 
expense and improve the grades. The first of these changes is in de- 
scending from Bedford to the crossing of Salt creek, which may be ef- 
fected with a grade not exceeding 45 feet per mile. To effect this, 
the line could descend the valley of Spider creek for about half a mile, 
to the Daugherty ferry road, thence in a direction parallel to the road, 
to the valley of Salt creek — thence up the valley of the creek to the 
crossing of the present survey: this would increase the distance about 
three quarters of a mile. Again, in place of descending, after enter- 
ing the valley of Hart's creek, the line could commence to ascend im- 
mediately after crossing Salt creek, and thereby lessen the grade up to 
the head of Hart's creek. 

After reaching the head of Hart's creek the route could traverse 
the high country to the west of Clear creek for a greater distance than 
the route surveyed, and descend to the valley of Clear creek, by means 
of two creeks, which head not far south of the residence of Wm. May, 
The most northern one of these creeks flows in a northeasterly direc. 
47 



370 

tion, and discharges into Clear creek, not far above Ketcham's mill. 
It is possible that this route might save considerable expense, as well 
as a great portion of the curvature (hat necessarily occurs in the val- 
ley of Clear creek. 

The whole cost of this division for graduation, masonry, and bridg- 
ing amounts to ^117,474 02 

Averaging per mile 14,909 79 

From Bloomington to C'rawfordsville no survey has been made; but 
from a careful reconnoisance of the country, the following route was 
selected: 

From Bloomington the route follows the valley of Griffith